Appointment of additional director

Hi Friend,

Think you can seek help of Sec.167(3) which says that where all the directors vacate their offices under any of the disqualification u/s.167 (1), the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed in the general meeting.

as per secretarial standard,If the number of Directors is reduced below the Quorum fixed by the Act for a Meeting of the Board, the continuing Directors may act for the purpose of increasing the number of Directors to that fixed for the Quorum or of summoning a general meeting of the company, and for no other purpose.

so single director can appoint aditional director.

is it correct?

AS PER SS1 , IF THE NUMBER OF DIRECTORS FALL BELOW THE QUORUM FIXED FOR MEETING OF BOARD , THEN CONTINUING DIRECTOR MAY ACT FOR INCREASING THE NO OF DIRECTORS  OR FOR SUMMONING THE GENERAL MEETING OF THE COMPANY BUT NOT FOR ANY OTHER PURPOSE

FIREST OF ALL CHECK THE ARTICLES OF THE COMPANY

PERSON PROPOSED TO BE APPOINTED DOES NOT SUFFER FROM ANY DISQUALIFICATION

CONSENT OF DIRECTOR IS TO BE OBTAINED IN DIR 2

HOLD THE BOARD BOARD MEETING AND PASS BOARD RESOLUTION.

NOW SUCH PERSON SHALL CONTINUE TO HOLD THE OFFICE TILL AGM OF THE COMPANY.

FILE FORM DIR 12 WITHIN 30 DAYS OF APPOINTMENT

ENTER THE PARTICULARES OF DIRECTORS ENTERED IN REGISTER OF DIRECTOR AND KMP AS PER SECTION 170