CA Mohit Agrawal (Chartered Accountant) (371 Points)
06 January 2012Please tell me whether directors can be appointed by board resolution, can more that 1 director be appointed at a time,
Is it mandetory to file the resolution as attachment to Form 32.
AMIT MISHRA
(Legal Professional)
(393 Points)
Replied 06 January 2012
Hi Mohit,
Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director.
Yes more than 1 Director can be appointed at a time
No, resolution is not mandatory for filing form 32
Thanks & Regards
Amit Mishra
B.Samrish & Co.
New Delhi
Parashar
(Company Secretary 2004)
(1013 Points)
Replied 06 January 2012
A single director will be appointed through single resolution. Attachment of Board Resolution is not mandatory with the Form 32 but always advisable to attache as an evidence to the appointment.
sivaram
(Asst Mgr-Taxation)
(6918 Points)
Replied 06 January 2012
Dear sirs addressing to practising company secretaries
The Directors who are liable to retire by rotation and reappointed once again for that also resolution is necessary for appointment once again ? please reply
Thanks in advance
Keval Ponkiya
(CA CS MBA(Fin.) M.Com. L.L.B.)
(223 Points)
Replied 06 January 2012
Yes Sir,
You can appoint more than 1 director by 1 resolution but to appoint in this way
first you have to pass resolution for such appointment.
And further it is not mandatory but it is always advisable to attach resolution in other attachments
category in Form-32.
Mr.Mohit, I think its an academic question ??? na I think so
CA Mohit Agrawal
(Chartered Accountant)
(371 Points)
Replied 06 January 2012
I am not clear still, i am asking as to whether by passing a single resolution of the board can i appoint two directors by a single Board Resolution.. as in pvt co. sec255,256,257,263 & 264 does not apply .
CA sorabh gupta
(JOB)
(121 Points)
Replied 06 January 2012
Hi Mohit,
Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director.
Yes more than 1 Director can be appointed at a time
No, resolution is not mandatory for filing form 32
Keval Ponkiya
(CA CS MBA(Fin.) M.Com. L.L.B.)
(223 Points)
Replied 06 January 2012
Simple he Mohit mere bhai,
In Pvt. Co. you can appoint more than 1 director in 1 resolution.
In Pub. Co. also you can appoint but for that you have to pass 1 more resolution regarding this
i.e. 2 resolution, 1 to appoint more than 1 dir in 1 reso and 2 to appoint dir/s
Raghunath Prasad
(WORKING)
(385 Points)
Replied 06 January 2012
| Originally posted by : sorabh gupta CA FINAL | ||
 |
Hi Mohit, Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director. Yes more than 1 Director can be appointed at a time No, resolution is not mandatory for filing form 32 |
 |
Agree
CA Mohit Agrawal
(Chartered Accountant)
(371 Points)
Replied 06 January 2012
thanks to all my friends for guiding me Now i understood that two directors as independent directors not additional directors,can be appointed as directors by a single board resolution
Mihir Doshi
(B.Com, CA, CS, LLB)
(2187 Points)
Replied 07 January 2012
Agreed with expert....only 1 resolution is required for multiple director appointment in pvt company while in public company for each director appointment separate resolution need to be passed.. Hope your query gets solved....
Read Section 263 to get clear view.
Thanks
Mihir Doshi
CAclubindia
