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Private company - Director Appointment

03 October 2022

Can a person be appointed as director directly in AGM/EGM without being appointed as additional director by board in the private company?

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4 Replies

(Guest)

Definite a yes. One of the main powers of the members is to appoint Directors. The same can be directly appointed under Sec. 160 of the Act.

Actually the Board have been given limited power, in this regard, to appoint Director as they can only appoint as Additional and that too the same can only hold such appointment till the next AGM.

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Shefali Gupta (104 Points)
Replied 03 October 2022

But section 160 is not applicable on private company.

(Guest)

It only means that the procedural aspects as detailed in Sec.160 does not apply. The right of the member to appoint or put themselves forward for appointment is an inherent right.