Additional director appointed after issue of notice for agm

The only was is, what e use the word in Notice is after the two point i.e. approval of accounts and re-appointment of auditor, the third point is:
 

"any other business with the permission of the chairman"

With the use of this third line we can pas any resolution i.e. can regularise the additional director in AGM.

Even if this third point is not mentiones, the company can if it found necessary, can do any business after asking the chairman

The concept of 'any other business with the permission of the chair' is applicable only in Board meetings and not in shareholders' meetings.

In this case the only option available is that you can again appoint that person as additional director after the date of AGM to hold office till the date of next AGM.

Dear Mr. Pillai,

Did u get the way out to your this issue? As i see you had posted this query 9 months before, you must have worked on the same to get the way out to it.

I'm in a similar situation and your reply would definitely help me to understand the available options.

Regards,

Megha Shah

Hi, convene an EGM before the AGM and regularise the Additional Director at the EGM. In that case, designation of Additional director changed to Director, effective from the date of EGM and further regularisation at AGM held subsequently is not applicable.

As per section 161(1) of the Companies Act, 2013, additional director holds the office only upto the date of forthcoming Annual General meeting of the Company. He can be regularized only by the shareholders in general meeting. As per section 102 of the Companies act, no business items can be transacted at AGM unless stated in the notice.  Appointment or regularization of director is a ordinary business only if he is a retiring director. Additional director regularization is not a ordinary business. Hence it must be specifically be stated in the notice. As per section 101, shorter notice can be called if 95% of the membesr are entitled to vote. If no regularization is done at AGM, office of additional director shall vaccate by operation of law. There is one practical sollution, you can adjourn the continuation of same meeting. No fresh AGM is required. ajourment can be done after issuing revised notice. Adjourn the AGM to future date. pass resolution to adjourn AGM. Adjourment resolution do not require prior notice. issue fresh notice for adjourn AGM and regularize director