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Rotational directors

rahul kumar (FINAL) (139 Points)

08 February 2009

If anyone knows, please elaborate the meaning of "rotational directors".

(please explain in detail)

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9 Replies

C.A Tarun Shah (practice) (271 Points)
Replied 10 February 2009

ROTATIONAL DIRECTORS MEANS AS PER SEC.256 & 257 -DIRECTOR APPOINTED IN AGM & RETIRE BY ROTATION

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BharatRaj Panchal (trainee) (40 Points)
Replied 09 March 2009

Please revert with your comments whether an additional director appointed has to file form No.32 and if that additional director if appointed in ensuing annual general meeting whether the company has to file form No.32 again please revert back wirh some dept. clarificatons.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 10 March 2009

Dear Rahul.

At every AGM of the company 1/3 of the directors of the company(Excluding nominee and small shareholders directors) are liable to retire by rotation and 2/3 of such directors retires at the AGM by rotation who may be reappointed if they does not bear any disqualification.

Dear Bharat,

Form 32 should be filled in case of every change in the designnation of director, MD or secretary. However in case of reappointment on the same designation it is not required to be filled.

BharatRaj Panchal (trainee) (40 Points)
Replied 10 March 2009

Hi,

The company has appointed additional director and filed form No.32 , before who has to retire in ensuing general meeting if the additional director is regularised as a director of the company whether the company has to file form no. 32 again.

Gargi Ranade (CS) (619 Points)
Replied 12 March 2009

Hi BharatRaj

Please correct me if I am Wrong! According to me Mr. Ankur has rightly pointed the purpose of Form 32

As additional director get rugalarise his designation changes from Additional director to Director hence it is required to file form 32,

thus if additional director is appointed in between two AGM ,Form 32 is required to be filed first for his appointment as additional Director and as additional Directctor can hold this position only up to AGM after AGM when he gets regularise again it is required to file form 32 for change in designation .

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 18 March 2009

Gragi you are right. If you appoint someone as Additional Director you need to file form-32 two times. First at the time of appointment as A.D. and second at the time when you regularize him in AGM.

Regards-Ankur Garg

lalitha naidu (5656) (30 Points)
Replied 18 December 2010

in unlisted public company in AGM 2010 members voted out the director(who is retiring by rotation & absent in the AGM ) know what are the other things need to comply as per section 284 to file form 32 of the director.

kindly give the suggestions as soon as possible.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 18 December 2010

Retiring Director shall cease to be a Director on the conclusion of the Annual General Meeting in certain cases:-

Except, in the circumstances mentioned in section 256(4) regarding the automatic reappointment of a retiring director, he will cease to be a director at the AGM at which his term is to expire. The conditions on which the retiring Director shall cease to be a director are as under:-

(i) if the retiring director is not re appointed but in his place some other person is appointed as director;

(ii) it is resolved not to fill the vacancy of the retiring director;

(iii) if at the annual general meeting a resolution for the reappointment of the retiring director has been lost;

(iv) if the retiring director has informed the company about his unwillingness to be re appointed as director.

Simply pass an Ordinary Resolution and file form 32 within 30 days.

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 18 December 2010

It's the case of resolution requiring special notice. Without that can such resolution be passed in the GM without giving reasonable opportunity to the director of being heard.