Easy Office
LCI Learning

Resolution in agm

This query is : Resolved 

10 October 2013 Sir/ Mam

what should be the resolution for a director retiring at AGM who at the time of voting withdraws his candidature

10 October 2013 As Per My Opinion; Generally, he can not withdraw at the time of passing of resolution because appoint power is with the shareholders of the Company.

However, At an annual general meeting a director retiring by rotation is eligible for reappointment and may be re-appointed. But the company may appoint some other person in place of the retiring director. [Section 256(3)]

10 October 2013 No Sir.

what if the person doesnt want to get reappointed and the same is conveyed to at the beginning of the voting.

every person who is standing for elections has full rights to withdraw his candidature before election

pls correct me if am wrong


10 October 2013 Yes, You can appoint some other person in place of retiring person.

So you appoint some other person in accordance with sub section (3) of section 256.

10 October 2013 yes Sir. the company is appointing some other person only in his place

but my question is what should be the resolution for the director withdrawing his candidature

10 October 2013 You will mentioned the details in minutes as you above discussed any pass a resolution of appointment and resignation of both person.

As per my opinion.

If such person is not intending to re appoint then it means he has given his resignation and you will file Form 32 as per section 256.

10 October 2013 can it not be like:

"RESOLVED THAT Mr. _______ who is retiring by rotation, and being eligible for reappointment, be and is hereby retired with immediate effect as per the self withdrawal of his nomination from the directorship of the Company."

cause in my opinion he anyways was retiring and did not resign just withdrawn his candidature

10 October 2013 Yes, perfect resolution.

You add this line.....Mr........Director of the company, who.....


10 October 2013 thank you sir

10 October 2013 My Pleasure.........



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries