Private company with less than 2 directors

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Guest

Guest (Querist)

20 January 2014 Dear Experts,

Could you pls help for following scenario :

A private company is having only two directors & one of the Director of a same company needs to discontinue being director.

Again that company is willing to bring another director to relieve the director who wants to discontinue.

What should the director who wishes to discontinue should do??

Regards,
Rita Paryani

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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20 January 2014 Dear Rita,

As minimum number of Directors for a pvt ltd company is two, you should first appoint a new director before filing form 32 of resignation of existing Director.

Follow below procedure:

1) Conduct Board Meeting for appointing of new 'Additional Director' and resignation of exiting director OR Conduct General Meeting for appointing new individual directly as a 'Director' and resignation of existing Director (Take resignation letter for existing director before conducting meeting).

2) File Form 32 for appointment of new Director.

3) File Form 32 for cessation of existing director.

Regards,
Adnan

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