Removal of Director by resignation and appintment of th same

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 May 2010 A Director intentionally resign himself and want to reappoint in the same company. Is there any restriction in the company law to reappointment of the same director or is there any limitation of time period to reappointment of the same

Ankur Garg

Ankur Garg (Expert)
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10 May 2010 No there are no restriction as such and time limit as such.

Board of director may re-appoint him as additional director u/s 260 by passing a board resolution.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

10 May 2010 can the company reappointment him as a director instead of additional director

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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10 May 2010 No. The Board of Directors has to appoint him as Additional Director. Then in the coming Annual General Meeting the members can regularize the Additional Director as Director of the company.

Querist : Anonymous

Querist : Anonymous (Querist)

10 May 2010 can u please suggest me which book should i refer for this point to know in detail

Ankur Garg

Ankur Garg (Expert)
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10 May 2010 But warrier Sir according to me company can directly appoint the person as a director by passing ordinary resolution in the general meeting u/s 257.

In a public company there is no compulsion to first appoint the person as additional director and then regularise him at AGM.

Further if a company appoint a person as additional director then the company is at liberty to regularise the additional director in the EGM held before AGM as section 257 is all about general meeting.

Kindly guide.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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10 May 2010 Ankur Sir is absolutely right.

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