If BOD of company appoints a additional director just before the AGM on the same day morning
Whether the same additional director retire in such AGM ? as Sec.260 says additonal director shall hold office only up to the date of the next annual general meeting.
Regards,
Yes
Better appoint him again by passing circular Board resolution
You have to appoint him at the AGM also on the same day and file two form 32s...
rgds
Vivek Hegde
No doubt at all.
Sections 260 applies immediately and deemed vacation of additional director's office same day.
Appoint him next day after AGM.
| Originally posted by :CS Vivek Hegde | ||
| " | You have to appoint him at the AGM also on the same day and file two form 32s... rgds Vivek Hegde |
" |
As per my understanding ==not possible to appoint him on the same day in AGM as this is not the declared and approved agenda item of AGM notice. You can not add any new Agenda later on in any kind of GM.
Advance inclusion of this Agenda in theAGM notice is also illegal as you are appointing additional dir on the AGM date itself.
Regards
I think u cannot do so ,becoz U cannot discuss any item ,if it is not written in the Notice of AGM ,He will have vacate the office. I think u will have to file fresh form 32 on the next day of AGM.Actually, I am also facing same problem, we have to appoint Additional Director,but we have posted the Notice of AGM,so, me too going to apoint him on the next day of our AGM.
I fully agree with Mr. Ankur Garg's reply.
CA. SATENDAR KUMAR
skr_ca @ rediffmail.com
CAclubindia
