Regarding appointment of director

This query is : Resolved

SONIKA (Querist)
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03 March 2012 Sir please resolve my query. i want to know that can a director appoint directly as a director except AGM or whether appoint as an additional director

Priyanka

Priyanka (Expert)
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04 March 2012 We can appoint a person as an Additioanl director in the Board Meeting and filling form 32 But it is mandatory to regularise him as a director in the general meeting in order to continue him as the Director of the company ,and file form 32 for change in designation .

Ajay Mishra

Ajay Mishra (Expert)
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04 March 2012 Hi Sonika,

It will be appreciable if you appoint a a person as director on general meeting, because on appointing him as director on general meeting you only need to file one Form-32 and no need to regularise them and again file Form-32 and also extra burden to made extra minutes for such regularisation.

I will suggest you to not appoint a person as additional director but direct appoint him as director and file Form-32 with ROC.

Regards

Jiten Gupta

Jiten Gupta (Expert)
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05 March 2012 Agree with Ajay Sir!!!!

In any General Meeting you can appoint a person as Director by passing Ordinary Resolution and File E-Form 32 with ROC!!!!

CS Suraj Arora

CS Suraj Arora (Expert)
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05 March 2012 Dear Sonika

Yes A Director can be appointed as Direct Director by the Board itself.But that Provision Must be in Your Article.If you will read the Provisions of section (2)there are words which are reproduced for your convenience herein below:-
Subject to any regulation in the articles....
Thus, if there is regulation in this Regard in your Article then Board can appoint Direct.

Regards

SONIKA

SONIKA (Querist)
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10 March 2012 Thanks Sir for resolved my query but please clear me the meaning of general meeting.is it Extra ordinary general meeting or other.

Ajay Mishra

Ajay Mishra (Expert)
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10 March 2012 Hi

Yes, i am saying about EGM.

SONIKA

SONIKA (Querist)
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12 March 2012 if we appoint a director in EGM therefore is provision in Article is mandatory or not.

Jiten Gupta

Jiten Gupta (Expert)
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12 March 2012 Not necessary!!!