Director appointment

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Querist : Anonymous

Querist : Anonymous (Querist)

25 September 2014 In PVT Ltd co if there is a only two director and one want to resign and two other want to become director so if i appoint them as a additional director then any statutory violence of a company law

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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25 September 2014 First Check whether Articles (AOA) of the Company contain power/authorization to appoint Additional Director read with Section 161(1) of the Companies Act, 2013. {If there is no provisions in Articles of the Company then Alter the Articles of the company to have enabling clause for appointment of Additional Director.

Second Check whether such person have DIN No. or Not. If such person doesn’t have DIN No. then Apply for DIN.

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Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2014 Thanks Sir. But my query is that sir if out of two director one wants to resign and other two appointed as a additional and one remains as a regular director so there is a violence of company law.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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26 September 2014 No there is no violation

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