Additional director

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CS Jagruti Jain

CS Jagruti Jain (Querist)
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01 November 2017 What if a Company fails to regularise the appointment of an additional director in the AGM?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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01 November 2017 Additional director ceased to be director after the date of AGM

CS Jagruti Jain

CS Jagruti Jain (Querist)
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01 November 2017 Thanks. But if the company wants to appoint the same director again? How can it be done? Can the Board appoint him again as the Additional Director? or is it that only Members do it in a GM?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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01 November 2017 Again you have to appoint him as Additional director

Charu Srivastava

Charu Srivastava (Expert)
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03 November 2017 If the Company fails to regularize the additional director , it shall cease to be Director.

According to me , make him resign and again appoint him as an additional Director in the Board Meeting or Director in the GM.

other views are solicited.

Charu Srivastava

Charu Srivastava (Expert)
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CS Jagruti Jain

CS Jagruti Jain (Querist)
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03 November 2017 I would like to draw your attention to S/161 (1), ".......other than a person who fails to get appointed as a Director in the GM....."

how should we interpret this?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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15 November 2017 According to my interpretation the intention of legislature is to ensure that directors whose appointment is not confirmed by shareholders shall not be eligible for appointment. If appointment of director is not expressly approved i.e disapproved by shareholders then only he is not eligible for reappointment.

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