Appointment of additional director as whole-time director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 February 2013 Can an additional director be appointed as a whole time director??? if yes please explain me the process which needs to be carried out..... also explain if there is need to file a revised form 32 for the same... further i request you to explain me the regularization process for such an event.... this query is with regards to a Pvt co..... Please anybody reply soon

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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09 February 2013 As per section 260, additional director can hold office only upto the date of next AGM. Therefter, an additional director shall have to be regularized or he shall vacate his office. In your case first regularize the additional director by passing necessary resolution in the shareholders meeting and then appoint him as a whole time director. This can be done by a single resolution. Off course form 32 needs to be filed again since it is a change of designation. earlier you must have filed form 32 for his appointment as additional director now you will have to file 32 for his appointment as WTD.

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