hi,
if in a private limited co. any of the two director resign how long the company afford such vacancy.
Ashish Sharma (Service) (1028 Points)
22 June 2010hi,
if in a private limited co. any of the two director resign how long the company afford such vacancy.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 22 June 2010
Dear Ashish,
It is not about how long company can survive with one director. It is actually about appointment of other director as early as possible.
There is no time limit but undue delay is not at all advisable and may be objected by ROC later on when he come across the situation through filing of form 32.
Revert if there is any doubt.
Ashish Sharma
(Service)
(1028 Points)
Replied 22 June 2010
Sir,
that means there is no penalty if only one director in Pvt. Ltd. co. and At the time of one director he can not pass any resolution, is i right sir .
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 22 June 2010
Yes he can not pass any resolution coz a valid BM is not possible with one director. But he can appoint another director to make it minimum 2
Ashish Sharma
(Service)
(1028 Points)
Replied 23 June 2010
Sir,
then after 6 month is there any penalty under which rule or section
If the Company is not able to fill the vacancy in the 6 Months, then the company is liable to wound up as per the Companies Act, 1956
However, the Registrar will not directly struck off the Company, He will ask to the Company, what they have done in 6 Months for the Appointment of the Director
And at that time you have to show him each days procedure followed by the Company for the appointment of Director
Yogesh Bhatt
(Company Secretary)
(475 Points)
Replied 23 June 2010
A provision should be made that if the number of directors and the additional directorsfall
below the minimum strength fixed for the Board under the law, due to the resignation of
director(s), the remaining directors can co-opt one or more persons as additional directors.
This artical will help to u.
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