Appointment of a Directior in Pvt Company

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Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 Whether a person can be directly appointed as a director in Board meeting inspite of appointing him as additional director and regularising in AGM?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

21 July 2010 No. He should be appointed as additional director In Board Meeting and regularised in AGM.

Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 Thank u sir.

I want to know whether same will be hold good if the investor company replacing a person (B) as a investor director for first investor director (A)

Ankur Garg

Ankur Garg (Expert)

21 July 2010 Agree with sanjay sir.

You are requested to elaborate your second query...

Thanks

Querist : Anonymous

Querist : Anonymous (Querist)

21 July 2010 As per the shareholders agreement, Company needs to appoint an investor Director. According Mr. A was appointed as investor director. Now the investor company nominating Mr. B in place of Mr. A. In such situation, approval of shareholders is required or Board Resolution is enough?

Ankur Garg

Ankur Garg (Expert)

21 July 2010 No shareholders approval is not required now.

You have 2 options:

1. appoint nominee dir as additional dir through board resolution and regularise him later through shareholder resolution.

2. Directly appoint him in the general meeting as a normal director and file single form 32 for appointment.

Regards

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