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director

sumit (kumar) (171 Points)

14 August 2017

can an existing director of the co. also appointed as alternate director in such co.???

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7 Replies

Prakshi Goel (10 Points)
Replied 15 August 2017

Yes, no such condition is prescribed in companies act

sumit (kumar) (171 Points)
Replied 15 August 2017

than will he count 1 or 2 in quorum
and how many votes he will give ??

Sudhir Todkar (CS Professional) (1021 Points)
Replied 19 August 2017

I appreciate your query.

Ans: No existing director of the company cannot appointed as alternate director.

I agree that no such condition is prescribed in the act, but logically if you think existing director appointed as alternate director then he should vacate his office before expiry of his tenure in case original director come to India or Disqualified.

sumit (kumar) (171 Points)
Replied 19 August 2017

than sir he will vacate his office of alternate dir not personal office as dir.

sumit (kumar) (171 Points)
Replied 19 August 2017

than sir he will vacate his office of alternate dir not personal office as dir.

Sudhir Todkar (CS Professional) (1021 Points)
Replied 19 August 2017

The Board of Directors of a company may, if so authorised by its articles or by a resolution passed by the company in general meeting, appoint a person, not being a person holding any alternate directorship for any other director in the company, to act as an alternate director for a director during his absence for a period of not less than 3 months.

Please read the highlighted letters indirectly it says that neither any director nor alternate director of the company act as an alternate director of such original director... Only one person who is not a director of that company and not being a person holding any alternate directorship for any director in that company can become a director subject to condition that he/she is/was not disqualifed to become a director in GM in that company.

I hope you will get clarification..

Please comment on this if I am wrong. Thank You..