Appointment of director

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Priyanka Mahajan (Querist)
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25 June 2012 A co. is incorporated on 15.06.2012. Its first Board meeting held on 20.06.2012, in which 3 directors are appointed. Now my question is whether its necessary to appoint them as additional director or we can appoint them director directly.

Secondly, what category we need to fill in form 32?

CS Suraj Arora

CS Suraj Arora (Expert)
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25 June 2012 Dear Priynaka

You have to appoint the other three Directors as additional Directors because the Board has always powers to appoint additional Directors under provisions of section 260 of the Companies Act.

further, The Board can appoint Director Provided in the Articles of Association specific powers to this effect must be given to the board of Directors.

I conclude Board can appoint Only Additional Directors.

Your Second Question, It depends upon whom you are appointing, Independent Director are only for Listed Companies, That can not be selected in Pvt or Pub Limited and if he/she relate to Directors then you can choose Promoter because promoter Definition, is You Know, very Wide, Thus it depends Whom you are appointing.

I hope my answer will clear your doubts.

Regards
Suraj Arora

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