Can additional director re- appoint as additional director after some day of Annual General Meeting in which vacates his office? whether Form 32 required to be filed with ROC in case of cessation in AGM ?
RAJIW KUMAR SINHA (Chartered Accountant) (109 Points)
06 October 2010Can additional director re- appoint as additional director after some day of Annual General Meeting in which vacates his office? whether Form 32 required to be filed with ROC in case of cessation in AGM ?
SUNIL KUMAR JAIN
(PRACTISING COMPANY SECRETARY)
(187 Points)
Replied 06 October 2010
Dear Mr. Sinha,
Yes, An Additional Director who has ceased to be a Director on the date of AGM ;may be again appointed as an Additional Director subsequent to the date of AGM by the Board .
There is no provision in the Companies Act, 1956 prohibiting appointment of the same person as an Additional Director second time subsequent to AGM.
Regards,
Sunil K. Jain,FCS, AICWA
Practising Company Secretary,
skj13 @ rediffmail.com, 9810104162
Ajay Mishra
(Company Secretary)
(74332 Points)
Replied 07 October 2010
Dear Friend
If you are not regularise such additional director and he vacate his office autometically, in this case you will file Form-32 with ROC for ceasation of office.
If he further appoint as AD then it is also required to file further Form 32 with ROC.
Regards
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