Appointment of Director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2011 can a private limited company appoint a director (Neither additional nor casual) in board meeting/EGM.

If no and the company has done it without knowing the fact this fact what are the remidies and how it can be corrected

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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22 June 2011 A duly convened board meeting the company can appoint a Director as Managing Director of the Company.
Since the company is a private limited company there is no restriction in respect of the period of appointment.
The board can fix the period of appointment. If the articles of association empowers the board, then the board can fix the remuneration of the Managing Director. Within 30 days of the board meeting.

The company will have to file Form 32 and Form 23 with the Registrar of Companies (at present online).
Form 23 with board resolution has to be filed since it attracts the provisions of Section 192 of the companies act, 1956

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