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Additional director

Gaurav Kaushik (Assistant C.S.) (66 Points)

28 June 2016

whether there can be only 2 additional directors in a pvt ltd. company.

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7 Replies

CS Arjun Rajagopal (B.com, ACS) (1056 Points)
Replied 28 June 2016

No such restriction in Companies Act, 2013.

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 28 June 2016

Yes, after all, additional directors are also 'directors' !

vinay (CS PROFESSIONAL) (94 Points)
Replied 28 June 2016

Hai Gaurav,

There is no such restriction in Companies Act, 2013.

Aman (A/c execute) (38 Points)
Replied 28 June 2016

Hi Gaurav,

2 is the minimum number of directors in a Private Limited Company in India.

15 is the maximum number of directors in any company in India which can be increased by passing a special resolution in AGM. (a maximum of 12 directors were allowed under the Companies Act, 1956). In which 1 Director must be resident in India.

In my view number of additional directors can be in the limit of 15. Which mean they can be 13 in case of Pvt. Ltd. (Without passing SR)

Regards

1 Like

subodh (managment trainee) (52 Points)
Replied 17 October 2016

hello all, i want know about regularisation of director in pvt co. and procedure. and dir -12 need to file for regularisation.

kindly suggest me

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 18 October 2016

You will need to file Form DIR-12 for 'change in designation' from Additional Director to Director, if a resolution has been passed in AGM to this effect.

Jatin Bajaj (CS) (2928 Points)
Replied 21 October 2016

First of all before appointment Check that Director has DIN

Obtain the consent of Director in DIR 2

According to section 161(1), hold the board meeting and pass board resolution for appointment of additional Director.

Within 30 days of Board Meeting file form DIR 12 with ROC

ATTACHMENTS

consent to act as Director

board resolution

appointment letter

In the next Board Meeting take declarations from such Director in form MBP 1

Now such Director shall hold the office till the next Annual General Meeting of the Company.At AGM pass the resolution for regularization of such Director

File form DIR 12 within 30 days of AGM for change in designation from Additional to either executive or Non executive Director