Additional directors

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 November 2011 Dear All Experts,

A private limited company with a capital of Rs. 1 Lac has 2 directors both are additional director appointed on 13.12.2010.

The AGM of the company was held on 30.09.2011 but the resolution for appointment of additional director as a regular director was not taken in the notice of the AGM.

The Roc filing was completed within time.

Please advice me that how to regularize the additional directors.

Thanks

Veeraraghava Narasimhan

Veeraraghava Narasimhan (Expert)
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13 November 2011 Please find in AOA whether the Board has the power to appoint a director. Then no need of AGM directly u can file form 32 with Board Resolution attached.

Querist : Anonymous

Querist : Anonymous (Querist)

13 November 2011 Thanks for the reply.

Sir, can you please eleborate it.
Because the tenure of an additional director is lasted upto the conclusion of the Next AGM.

How it is possible to appoint additional director as an regular dirctor by passing a board resolution?

Thanks

RG - A Helping Hand

RG - A Helping Hand (Expert)
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13 November 2011 Yes regularisation of additional director through board resolutions is not possible.

Veeraraghava Narasimhan

Veeraraghava Narasimhan (Expert)
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14 November 2011 The tenure of Additional director end on the AGM automatically. You can't regularize after AGM. So file cessation form 32 first and after approval, file for appointment. If board has power to appoint, by board resolution u can appoint directly as Director and not additional director.