CS Afsarjahan Quraishi (company secretary) (155 Points)
21 January 2017company has only 2 director one director is not attending meetings and not resigning so my question is - if director vacate office as per sec-167 of companies act 2013 then only 1 director will be remain and in this case how additional director will be appointed ?
prathiba
(company secretary)
(259 Points)
Replied 22 January 2017
Hi Friend,
Think you can seek help of Sec.167(3) which says that where all the directors vacate their offices under any of the disqualification u/s.167 (1), the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed in the general meeting.
Ravi Kiran Vustela
(Knowledge Seeker)
(1353 Points)
Replied 22 January 2017
Ravi Kiran Vustela
(Knowledge Seeker)
(1353 Points)
Replied 22 January 2017
CS Afsarjahan Quraishi
(company secretary)
(155 Points)
Replied 22 January 2017
as per secretarial standard,If the number of Directors is reduced below the Quorum fixed by the Act for a Meeting of the Board, the continuing Directors may act for the purpose of increasing the number of Directors to that fixed for the Quorum or of summoning a general meeting of the company, and for no other purpose.
so single director can appoint aditional director.
is it correct?
Jatin Bajaj
(CS)
(2928 Points)
Replied 23 January 2017
AS PER SS1 , IF THE NUMBER OF DIRECTORS FALL BELOW THE QUORUM FIXED FOR MEETING OF BOARD , THEN CONTINUING DIRECTOR MAY ACT FOR INCREASING THE NO OF DIRECTORS OR FOR SUMMONING THE GENERAL MEETING OF THE COMPANY BUT NOT FOR ANY OTHER PURPOSE
FIREST OF ALL CHECK THE ARTICLES OF THE COMPANY
PERSON PROPOSED TO BE APPOINTED DOES NOT SUFFER FROM ANY DISQUALIFICATION
CONSENT OF DIRECTOR IS TO BE OBTAINED IN DIR 2
HOLD THE BOARD BOARD MEETING AND PASS BOARD RESOLUTION.
NOW SUCH PERSON SHALL CONTINUE TO HOLD THE OFFICE TILL AGM OF THE COMPANY.
FILE FORM DIR 12 WITHIN 30 DAYS OF APPOINTMENT
ENTER THE PARTICULARES OF DIRECTORS ENTERED IN REGISTER OF DIRECTOR AND KMP AS PER SECTION 170
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