Appointment of director in agm/egm


prakash (Company Secretary)     18 September 2014

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Dear All,

Can a person be appointed as director directly in AGM/EGM without being appointed as additional director by board  in the company?
 

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P C Agrawal (Vice President (Corporate))     18 September 2014

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Definitely yes.  On the  contrary, as  a general rule right to appoint directors  lies  with  members only.  [Sec.152(2)].  It is  only as an exception that limited right  has been given  to Board to appoint directors in a few cases (i.e. additional director  and to  fill casual  vacancy) subject to certain conditions.  The  need of filing DIR.12 twice can  be avoided if the director is appointed in AGM/EGM directly.

 

 

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CSRenuBang (CS)     29 September 2014

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Sir, what are the compliances required in case of Appointment of Director in AGM, who is daughter of existing Director in the Company.

 

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Chetan Patankar (Company Secretary)     29 September 2014

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If the person to be appointed at AGM as a Director who is other than retiring director the sec. 160 is to be complied with.

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CSRenuBang (CS)     02 October 2014

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ok thanks.. can a father director vote for  appointment of a daughter as a director?

 

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hrishikesh (Company Secretary)     11 October 2014

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Originally posted by : CSRenuBang
ok thanks.. can a father director vote for  appointment of a daughter as a director?

 

No, he being interested in the resoluion, cant.

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Chetan Patankar (Company Secretary)     11 October 2014

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even if the father is a member & Director he can vote. second proviso to s. 188 talks only about special resolutions. No problem at all.

trupti (CS)     15 June 2015

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i have one question

our companies MD as reappointed but time han been lapsed 1 year. /and our copmanies not necessary as MD.

so we want us to change in designation MD to diretor.

what is process?

Mrs.n (CS, LL.B )     31 August 2019

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Originally posted by : P C Agrawal
Definitely yes.  On the  contrary, as  a general rule right to appoint directors  lies  with  members only.  [Sec.152(2)].  It is  only as an exception that limited right  has been given  to Board to appoint directors in a few cases (i.e. additional director  and to  fill casual  vacancy) subject to certain conditions.  The  need of filing DIR.12 twice can  be avoided if the director is appointed in AGM/EGM directly.

 Thank you so very much Agrawal sir , 
 

 


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