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Querist : Anonymous

Querist : Anonymous (Querist)

11 April 2013 The Company was requiring to appoint minimum 4 directors as per its AoA. First 2 directors were appointed at the incorporation which were required to be increased later on. But some dispute within teh Company arose later on and the new directors were never appointed. Now, can we claim that the Company cannot function as it has ultra vires the provisions of AoA and all the decisions taken by the Board till date are void? Pl advice. Provide case laws if possible.

Ankur Garg

Ankur Garg (Expert)
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11 April 2013 Yes as per my understanding there should be 4 directors as per AOA. Failure to appoint 2 more directors make the decisions taken by original 2 directors ultra vires the provisions of AOA.

Querist : Anonymous

Querist : Anonymous (Querist)

12 April 2013 okk Sir whats the procedure to come out of such problem as per Companies Act 1956??

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