Jas (Self) (25 Points)
05 September 2011Hi,
I just now noticed that in MOA only 2 out of 3 directors names are listed undrr first directors, however in all the incorporation form submission all 3 directors credentials are given. Does that mean the third director is not valid at the time of incorporation?
How can we alter this in the MOA?
Please reply.
Jaideep
(Service)
(1368 Points)
Replied 05 September 2011
That has nothing to do with incorporation from, as per Act Two Directors are mandatory for Private and 3 for Public, subscribers to the memorandum can appoint more than the minimum limi tin in the MOA itself, if the incorporation form also you can also you can add credentials if required.
Regards
Jaideep Pandya
Anil Kumar Reddy
(CA-Final)
(280 Points)
Replied 05 September 2011
It is true that only two directors are mandatory at the time of incorporation. later there can be any number of directors as specified by the Act.
ARUN KUMAR
(Financial Consultant )
(992 Points)
Replied 05 September 2011
Agrees Of the Aforesaid................
Jas
(Self)
(25 Points)
Replied 05 September 2011
But my question was, there were already 3 directors at the time of incorporation! but only 2 names were written on AOA, However all 3 directors name are present on all forms like 32,18 &1. So will the 3rd director still be valid even if the name is not there in AOA?
Parashar
(Company Secretary 2004)
(1013 Points)
Replied 06 September 2011
Ø Firstly the omission of the name of a director from the AOA may be treated as clerical, typographical or a printing error, taking your case as of Private Company.
Ø Had it been the case of Public Company, this is a lapse on the part of ROC as a Public Company would not have been incorporated with merely 2 (two) directors.
Ø Yours last but not least question about the validity of 3rd director, position then:-
· Companies Act, 1956 defines a director as any person occupying the position of a director by whatever name called.
· Lastly even the MCA data will show his name as director.
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