Appointment of director

Dear All,

 Can  Board of Directors appoint a person directly as director instead of additional director under the Companies Act, 2013 if is provided in AOA of the Company?

Replies (2)
No Prakash....check sec 161 (1) wherein it is stated that the AOA may confer on the BOD the right to appoint a director as an additional director......no where is it specified that one can appoint a director straight as a regular director in the BM if authorised by its AOA....however the same can be done in the GM.... Furthermore, AOA of a Company is not above the law....so even if the AOA provides so, it is wrong... this is my view....wait for other views....

As a general  rule, directors are to be appointed by members in general  meeting only [Sec.152(2)].  Board has been given power to appoint directors only in specific circumstances with conditions (i.e. additional director or to fill  casual vacancy).  In other cases Board cannot appoint directors.

 

 

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