Appointment of Director

I dont think so that a director can be appointed with back date.

Board Meeting has to be held before the date of appointment or on the date of appointment.

And then appointment can be confirmed in the ensuing General Meeting.

Or the appointment can be directly made in General Meeting but meeting should be held before the date of appointment or on the date of appointment.

Appointment with retrospective effect is not possible. However modification in remuneration conditions with retrospective effect is possible.

Appointment in the back date can never be possible. Moreover, Members of the Company also don’t have such power to ratify this kind of action.

As per section 275 a person can hold the position of a director in maximum 15 companies at a time. Also go through section 278.

Regards

Section 278:

Following directorships shall not be counted for the purpose of determining the 15 Directorships

(1)   Pure Private Limited Company and not Deemed Public Company

(2)   Unlimited Company

(3)   Alternate Director

(4)   Section 25 Company

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Ankur Shah (Practicing Company Secretary)

Ahmedabad, Gujarat - 380015

Mobile: +91-90330 03922, 94276 33901

E-Mail: ankur @ csankur.com

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Dear Experts,

Can any one quote the Section which says appointment of additional director with retrospective effect is not possible.

Under section 266, additional director can be appointed by Board in its meeting. Does not it mean the appointment can not be done retrospective??

Further, appointment of director is not an ordinary busines which can be ratified afterwards by the board. Apppointment accompanies rights, responsibilites and duties. If appointment could be ratified, then how corporate governance can be achieved.

Regards- Sudhir

Hi all,

Under companies Act 2013, can the date of the board resolution be taken as the effective date of appointment if no specific date is mentioned?

Regards,

Geetha

yes

it is valid