Appoint of a director
This query is : Resolved
23 August 2013
In case of a private limited company, can we directly appoint someone as the director of the company or we need to first appoint that person as an additional director in a board meeting and then appoint him as a director in the subsequent AGM?
Please clarify.
Please clarify.
23 August 2013
Also, please clarify whether any reference document needs to be attached to form 32 in case of appointment or retirement?
23 August 2013
Hi
Generally their is no restriction that a company can directly appoint a director in general meeting. Before doing that you should ensure that what your article permit to do this.
Generally, the person in private limited company is appointed as additional director under section 260 by the Board of director. the tenure of such director will be from the date of appointment till the date of AGM.
Generally their is no restriction that a company can directly appoint a director in general meeting. Before doing that you should ensure that what your article permit to do this.
Generally, the person in private limited company is appointed as additional director under section 260 by the Board of director. the tenure of such director will be from the date of appointment till the date of AGM.
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23 August 2013
Procedure for Appointment of Additional Directors.
1. Take consent of director and DIN/disclosure of interest
2. Call a Board Meeting for proposal of appointment of director
3. Hold a Board Meeting and appoint him as additional director.
4. File Form-32, with ROC, with in 30 days from the date of appointment.
5. Attach consent letter with Form-32, in case of public limited company.
6. Take entry in Minutes.
1. Take consent of director and DIN/disclosure of interest
2. Call a Board Meeting for proposal of appointment of director
3. Hold a Board Meeting and appoint him as additional director.
4. File Form-32, with ROC, with in 30 days from the date of appointment.
5. Attach consent letter with Form-32, in case of public limited company.
6. Take entry in Minutes.
23 August 2013
Procedure for Appointment of Director in General Meeting
1. Take consent of director and DIN/disclosure of interest
2. Call a Board Meeting for proposal of appointment of director
3. Hold a Board Meeting and call a General Meeting for such appointment as director.
4. Hold General Meeting and pass Ordinary Resolution under section 257.
4. File Form-32, with ROC, with in 30 days from the date of appointment.
5. Attach consent letter with Form-32, in case of public limited company.If it is private company no need to attache consent letter.
6. Take entry in Minutes.
1. Take consent of director and DIN/disclosure of interest
2. Call a Board Meeting for proposal of appointment of director
3. Hold a Board Meeting and call a General Meeting for such appointment as director.
4. Hold General Meeting and pass Ordinary Resolution under section 257.
4. File Form-32, with ROC, with in 30 days from the date of appointment.
5. Attach consent letter with Form-32, in case of public limited company.If it is private company no need to attache consent letter.
6. Take entry in Minutes.
23 August 2013
Procedure for Regularisation of Additional Directors.
1. Call a Board Meeting for proposal of regularization of director
2. Hold a Board Meeting and call general meeting.
3. Hold a General Meeting for passing of resolution under section 257 to regularize the additional director.
4. File Form-32, with ROC, of change in position of director attach certified copy of shareholders meeting.
5. Take entry in Minutes.
Procedure for Regularisation of Additional Directors.
1. Call a Board Meeting for proposal of regularization of director
2. Hold a Board Meeting and call general meeting.
3. Hold a General Meeting for passing of resolution under section 257 to regularize the additional director.
4. File Form-32, with ROC, of change in position of director attach certified copy of shareholders meeting.
5. Take entry in Minutes.
24 August 2013
Sir, What if we filed Form 32 directly appointing the person as a DIRECTOR instead of ADDITIONAL DIRECTOR?
Should we file another form 32 for appointment as additional director taking the basis that both the activities are within 30 days and AGM also held within that 30 days itself, we erroneously filed Form 32 for appointment before Form 32 of Additional Director.??
Should we file another form 32 for appointment as additional director taking the basis that both the activities are within 30 days and AGM also held within that 30 days itself, we erroneously filed Form 32 for appointment before Form 32 of Additional Director.??
24 August 2013
Yes, you can directly appoint ad director instead of additional director.
If you have already appointed as director then you can do so in general meeting and no need to again appoint him as additional director.
If you have already appointed as director then you can do so in general meeting and no need to again appoint him as additional director.
24 August 2013
Thank you Sir! Thank you very much.
24 August 2013
My Pleasure...............
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