appointment of new director at the AGM


This query is : Resolved 

08 December 2010 Appointment of new director whose name is not mentioned in the articles before, but the appointment is within the limits of the AOA, Whether it is special business, is the members resolution required if yes whether ordinary or special tell me about the consequences of this?(whether it is a special business or ordinary business).

udit sharma (Expert)
08 December 2010 Hi...

Appointment of Director at the GM of the Company will be treated as Special Business and an Ordinary Resolution is to be passed in the GM of the Company.Onlyappointment of Director in place of those retiring or re-appointment of Director retiring by rotation at the AGM of the Company is treated as an Ordinary Business....

God Bless

Udit Sharma

08 December 2010 Appointment of director in the place of those retiring will be an ordinary business as per Section 173(1)(a).

Hence if the appointment is made in AGM it will be ordinary business but if the appointment is made in EGM it will be special business.

Resolution will be ordinary unless the articles provide otherwise.


Ajay Mishra (Expert)
08 December 2010 Any fresh appointment of director made in AGM/WGM will be treated as special business and not ordinary business.



Regards


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
14 October 2026
GST & TDS ASSISTANT

AGGARWAL SANJAY & ASSOCIATES

New Delhi

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
Featured ARTICLESHIP 31 October 2026
CA Articleship

apricus india

Navi Mumbai

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details