Director

This query is : Open

Rajesh Rathod (Querist)

29 December 2011 Can two existing directors present in India also be appointed as Alternate Directors of another two existing directors who are outside India for a period of more than three months?

Rajesh Rathod

Rajesh Rathod (Querist)

29 December 2011 Its Very Urgent Friends and Experts.

CA CS PRASHANT

CA CS PRASHANT (Expert)

29 December 2011 It is not possible.

If at all possible may create quorum problem.

Rajesh Rathod

Rajesh Rathod (Querist)

29 December 2011 I further clarify that as per quorum provisions of AoA the quorum for a meeting of the Board is one third of its total strength or two Directors, whichever is higher.
The total no. of directors in the company are Five (3-in India and 2-outside India).

Jiten Gupta

Jiten Gupta (Expert)

30 December 2011 I think this is not possible. because at the same time a person can not be aDirector as well as an Alternate Director. and further if u do so then strength of director shall be reduced to 3 instead of 5.
OTHER VIEWS ARE SOLICITED..

Charu Srivastava

Charu Srivastava (Expert)

30 December 2011 agree with Mr. Jitendra..

Rajesh Rathod

Rajesh Rathod (Querist)

03 January 2012 Its very Urgent please!!!!!!

Jiten Gupta

Jiten Gupta (Expert)

03 January 2012 It can not be done friend..

Rajesh Rathod

Rajesh Rathod (Querist)

06 January 2012 Dear all, thank u for ur valuable response. Please provide me the base/reference/provision of the bare act/section under which it is provided that 'A same person can not be appointed or act as independent director as well as alternate director'. I further clarify that, there is no matter if strenth of director is reduced to 3 from 5 because as per provision of AoA quorum for board meeting is one third of total strenth or two director, whichever is higher and quorum for general meeting is two members personally present.

Rajesh Rathod

Rajesh Rathod (Querist)

07 January 2012 It's Very Urgent Please!!!!!!!

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