Additional Director

This query is : Resolved

Aashutosh Agrawal (Querist)
Follow

12 April 2011 Hello,

In a PVT CO can Additional Director Can be Appointed at the Board meeting in presence of only one Director.

Total number of directoe as on date of Board Meeting were 5 ( 2 Directors and 3 Aditional Dirctors ).

One of the director from the two has with guilty mind passed a resolution at the Board Meeting has appointed 2 additional directors. Also the notice for the Board Meeting was not conveyed to other 4 Director.

Is the Act of the Director is valid and whther the appointment of such director as an additional director is valid.

Thank you

An early reply would be appreciated

CA Sanat Pyne

CA Sanat Pyne (Expert)
Follow

12 April 2011 No, It is not valid in law. Because Quoram is not maintained during the meeting. So the meeting is not a valid meeting. Any resolution passed in this meeting will be treated as invalid.

Jayashree S Iyer

Jayashree S Iyer (Expert)
Follow

12 April 2011 In the case referred to by you, the meeting and consequently the proceedings of the meeting are invalid.

However in emergency a single director can hold a board meeting for appointment of additional director to meet the statutory requirement viz., appointment of additional director in case of death of a director where the company has only 2 directors or to convene EGM, etc.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Summarize this with AI

ChatGPT Perplexity Claude Google AI Grok

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Leena Rachh

RISHI LATTA

Dhananjay Singh

shubham agrawal

N N V Satish

Subscribe Now

Additional Director

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

GST CONSULTANT

CA Final

Accountant

Senior execiutive

Manager- Finance and Compliance

GST CONSULTANCY

Article Assistant