Directors (companies act, 1956)
Querist : Anonymous
Can a pvt ltd company appoint a director in its Board Meeting?
or it has to first appoint him as additional director and then has to regularise him in General Meeting?
Querist : Anonymous
Which section u r talking abt?
The provision for an additional director is one which is meant to enable the companies to have the benefit of the services of a person, who otherwise is suitable for serving on the Board, and whose presence in the Board is desirable in the interests of the company till upto the time the next AGM is held. That provision is not meant to enable the company to keep on its Board a person as additional director for an indefinite period of time by not holding the annual general meeting. Section 260, therefore, must necessarily be read with section 166 which stipulates that the AGM be held every year and not more than fifteenth months shall elapse between the date of one AGM and the next. [Natrajan (P.) v Central Government (2004) 119 Comp Cas 41 (Mad): (2004) 60 CLA 274 (Mad)] e Form 32 for change in the designation of director needs to be filed by the Company electronically to the Registrar within 30 days from the date of general meeting.
You are right that the provision of section 257 is not applicable to private company but if the company management or shareholder demand then you can use the provisions of section 257 as a good corporate practice.
You can again appoint him in a Board meeting as additional director for further period upto next AGM.
Querist : Anonymous
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