Appointment of director

No, The concept of rotational and non-rotational directors is not applicable to First Directors of the company.

If you go by the language of Section-256, first directors held office till the that General Meeting which hels before first AGM of the company.

In that General Meeting (which held before first AGM)a ll first directors retires and eligible for re-appointment.

Regards

Thx a lot Ankur

Thanks for appreciation Mamta...

For Ankur Sir

Sir you have mentioned a point wherein you have said the Additional Director can be regularised in EGM and there is no need to wait till AGM, but my point here is that if AD has a kind of power to hold office upto AGM then why to regularise him in EGM before his office expires. Can you please clarify that for example if some one has power to stay in office till one year then why to reappoint him again in half of the year. I hope my question is clear. Waiting for your reply

Regards

Dear Ankur,

Please confirm whether I am right or wrong?

Hi Ankur Sir

Suppose the directors are appointed by naming in the AOA, in this situation whether we need to convene EGM to appoint them as rotational director and non-rotational director?

So that we can retire the rotational director in the the AGM held after the EGM.

First Directors named in AOA shall vacate their office at the first AGM u/s 256(1) and when they vacate you can again appoint them as director in the same AGM as per the Agenda.

When you draft the resolution for their appointment in AGM specify in the resolution whether they are rotational or non rotational director for future purpose.  

Best Regards

thank you so much ankur sir

IS A ADDITIONAL DIRECTOR APPOINTED DURING THE YEAR   IN A PVT LTD BE REQUIRED TO BE RE-APPOINTED IN THE NEXT AGM ??? WE HAVE FILED FORM 32 FOR THE SAME .

AND IF WE WANT TO CONVERT THEM TO DIRECTORS PLS STATE THE PROCEDURES

Mr. Pratik,

I would like to correct you in the line "BE REQUIRED TO BE RE-APPOINTED IN THE NEXT AGM "

Instead of word"re-appointed" the word "regularised" should be used.

An additional director appointed in a board meeting has to be regularised in coming General Meeting i.e. AGM (if no EGM held) as he/she will vacate his office in the coming AGM.

Section 260 (Additional Directors) is applicabel to both private & public companies.

Secondly, if 2 Forms 32 are reqd. to be filed.

1- At the time of appointment of Additional Director

2- At the time of his/her regularisation in the General Meeting.

Dear Ankur

Please suggest me whether in a private limited company if the article of association permits for appointment of regular director by board meeting ,The directors (regular)can be appointed by board,