Regularisation of Additional Director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 October 2010 We have appointed additional director in mid 2008, according to law it needs to be regularized in next AGM i.e. AGM of 2008. But we failed to do that till date, can we regularize him in current AGM.

What are the consequences and what are the remedies.

Ajay Mishra

Ajay Mishra (Expert)
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20 October 2010 Dear Friend

1. The period of additional director will be from mid 2008 till AGM date, unless you are not appointed in AGM as director under section 257 of the Companies Act, 1956. In your case the notice of AGM has already filled with ROC for the purpose of other agenda items so you can not regularize, such AD as regular director u/s 257 on AGM, so Company Law Settlement Scheme will not apply.
2. Regularisation can be made, on the date of AGM after the appointment of AD as per section 257.

In your case, the additional director appointed in mid 2008, will automatically vacate their office on the date of AGM in 2008. In this case you will file Form-32 with ROC within 30 days from the date of vacation of office.

You can not regularize them in current AGM.

Regards

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