Appoinment of Director

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CA Mohan Agarwal (Querist)
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30 May 2011 Dear Colleagues,I need to ask whether a single director appoint another member of the private company, who has resigned earier from the post of directorship, by filing Form 32. The Board consists of two directors but the private company has one more additional director whose term has expired since the time to hold AGM expired. So the company has only one director in real sense. Can a single director represent the board and appoint another member of the company . In the MCA portal (in the view signatory details) the name of both the directors, including additional director is appearing. How the term of additional director will come to an end. Does a form 32 is also required in his case and whether his will be a case of cessation or retirement in Form 32.Please reply. My mail id is mohanagarwalca@gmail.com

Jayashree S Iyer

Jayashree S Iyer (Expert)
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31 May 2011 A single director can hold a Board Meeting for the limited purpose of inducting a new director to fill the casual vacancy created by the exit of a director.

You have to file Form 32 within 30 days of appointment of the new director.

After filing Form 32 for the new director, file another form 32 for exit of the additional director. Additional director name will be removed only when you file form 32. Show the exit as retirement as he was not regularised in the AGM.

CA Mohan Agarwal

CA Mohan Agarwal (Querist)
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05 June 2011 Thanks and Regards

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