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FRIST DIRECTORS -- APPOINTMENT

CA Final 514 views 1 replies

Respected Sir ( Mr Ankur Garg )

Sir please explain me the appointment of First Directors and Subsequent Directors ( SEC 254 / 255  / 256)..

If there is nothing about the First Directors  in the Articles  ,then all the subscribers to the memorandum are deemed to be the first directors and they shall hold the office till the diredctors are duly appointed as per SEC 255..

SEC 255 tells about the Rotational and Non -Rotationa l Directors.2/3rd shall be the Rotational Directors.

SEC 256 PROVIDES THAT """ at the first AGM of  the Public Company or its subsidiary private company   held next after   the date of the general meeting at which the first directors are appointed in accordance with Sec 255..........................1/3 rd of such directors shall retire.......................

Sir here comes the confusion about the General Meeting . WILL THERE BE TWO GENERAL MEETINGS  first under Sec 255 and the second under SEC 256.

 

Sir PLEASE elaborate this point.Iam very confused on this point.

THANKS

Replies (1)

First of all I would like to congratulate you for understanding this 2 general meeting point very easily. It is actually a point which requires law interpretation and not clear to many professionals.

 

Yes you have to hold 2 general meetings as follows:

First you have to hold EGM under section 255.

Second you have to hold AGM under section 256.

 

Revert if there is any doubt.

 

 


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