Abhishek Iyer (B.Com) (29 Points)
02 August 2013Hi all,
3 Directors are to be appointed in a Private Company. So hence they will be appointed as additional directors being appointed in the middle of the year. But the client wants to be appointed only as a "Director". IS there any way out?? PLEase ADVICE
VERY URGENT
prakash
(Company Secretary)
(1352 Points)
Replied 02 August 2013
Dear Abhi,
Alter the AOA of your company by giving the power to Board to appoint individuals as Directors.
Abhishek Iyer
(B.Com)
(29 Points)
Replied 02 August 2013
| Originally posted by : prakash | ||
 |
Dear Abhi, Alter the AOA of your company by giving the power to Board to appoint individuals as Directors. |
 |
Dear Prakash,
Thanks for the reply. But I am totally confused as the Client wants to just show the names of the Directors in MCA Portal as only Directors.
So in this case can i pass a resolution on the Board Meeting about appointing them a ADs an then call EGM to regularize. But since regularization of Directors can only be done in the AGM, what is the way out?
Vidisha Gupta
(Company Secretary)
(91 Points)
Replied 02 August 2013
you can appoint him as director by passing ordinary resolution in Extra Ordinary General meeting (ie meeting of member) by giving notice u/ s186 of companies act 1956
prakash
(Company Secretary)
(1352 Points)
Replied 02 August 2013
Dear Abhishek,
In Private Companies, if it is provided in articles of association, Board can appoint individual straightly as director, in this case, Board is not appointing them as additional directors but appointing them as director. we need not to regularise them at annual general meeting. for doing that board should have power in AOA.
CAclubindia
