Query.. appointment of Director

Vikram Yadav (CS) (53 Points)

26 October 2010  

Dear All,

 I need your help regarding below issue:

 A  Pvt. Co. has taken loan from bank on Nov, 2009 and bank has appointed its nominee director “say Y” on the Board of the Company the same was confirmed in EGM and Form 32 was filed.

 On Mar, 2010 the bank has changed its nominee and “say Z” was appointed as its nominee director in the Board of the Company and no EGM was held but Board meeting only, and Form 32 was filed as nominee Director due to change in nomination by the bank.

 The status of directors as per MCA21 portal is shown as “Z - - - nominee director - - - date of appointment Mar, 2010.”

 Now my queries are:

1.                   Is there any need to regularize or appoint “Z” in the AGM by the shareholders?

2.                   If yes, Would Form 32 be filed again?

3.                   If yes, for what purpose the Form 32 will serve, as there is no change in the Board of Directors as well their designation.

Kindly give your due consideration over the matter I am waiting for your reply.

Thanks in advance.

Vikram