First director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 August 2014 U/S 152(1) OF 2013 A FIRST DIRECTOR WAS MENTIONED IN THE AOA AT THE TIME OF INCORPORATION OF PVT COMPANY. CAN WE HOLD AN EGM FOR APPOINTMENT OF DIRECTOR IN GENERAL MEETING U/S 152(2) OF COMPANIES ACT, 2013

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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09 August 2014 The company cannot appoint first directors / additional director's through EGM.

Querist : Anonymous

Querist : Anonymous (Querist)

09 August 2014 Thanks Sir

My question is , As we had already Filed DIR-12 along with DIR-2 at the time of incorporation of the Company and First Director was also Mentioned in the Article of Association of the Company.In that case first Director remain in the office of Directorship of the Company till they resigned from the post of Directorship or we have to regularize them.

The Confusion on u/s 152(2) of the Companies Act, 2013 under which every Director of the Company was appointed in General meeting. weather First Director and Additional Director was Excluded U/s 152(2) of the Companies Act, 2013

pls Clarify Sir

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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09 August 2014 1. No need to regularize first directors.

2. 152(2) applies in those cases wherein specific provision is absent in the act.

Querist : Anonymous

Querist : Anonymous (Querist)

09 August 2014 THANK YOU SO MUCH SIR

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