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Regularisation of Additional Director.

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Guest

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Guest (Querist)
06 May 2010 ABC Private Limited appointed X as Additional Director on 01.09.09.

Company had AGM on 30.09.09.

Company failed to regularise X as a Director in its AGM.

Company had EGM on 01.10.09 regularising X as a Director.

Company proposing to file Form 32 for change in designation as a Director.

Experts may give their views regarding any non-compliance on the matter.
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Rasesh

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Rasesh (Expert)
07 May 2010 X should have been regularised on 30/9/2009. Since he was not regularised, he vacates office on that date.

His regularisation on 1st October, 2009 is invalid. If the forms for the AGM have been filed with the ROC. Then file a Form 32 showing his vacation of office at the AGM.

Appoint him in the next BM as an Additional Director and regularise him in the AGM to be held in 2010.
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