A company(listed entity) wishes to appoint Mr. X as additional Director and Whole-Time Director.

-The Board appointed him as Additional Director and subject to shareholders confirmation simultaneously appointed him as WTD.

-Now the company wishes to confirm his appointment as WTD before paying him renumeration.

-So The company takes the approval of the shareholders by postal ballot.

-Now my question is conclusion of AGM shall automatically bring an end to the office of Additional Director

-As a act says that WTD is a DIRECTOR of the company who is in whole time employment of the company,Should the company pass a resolution for confirmation of Mr x as Director of the company in the AGM because as he vacates the office of Additional director he defies the definition of WTD??

-According to me Mr. X should be confirmed as Director but i cant find any direct impling section to prove my point to my seniors.Please site some example/empowering section-case law that helps me prove my point.

-In case I m wrong , Please tell me the right method of implementing the above..




Thankz in Anticipation


Regards

CS Kamna Tiwari

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