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
what should be the resolution for a director retiring at AGM who at the time of voting withdraws his candidature
Ajay Mishra
(Expert)
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)]
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
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
Ajay Mishra
(Expert)
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.
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
but my question is what should be the resolution for the director withdrawing his candidature
Ajay Mishra
(Expert)
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.
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
"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
Ajay Mishra
(Expert)
10 October 2013
Yes, perfect resolution.
You add this line.....Mr........Director of the company, who.....
You add this line.....Mr........Director of the company, who.....
Ajay Mishra
(Expert)
10 October 2013
My Pleasure.........
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