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Appointment of director in private company

17 October 2017

how shall director in a pvt co be appointed?
In AGM only or can appoint as provided in articles?
plz provide legal supporting.

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3 Replies

Madhwesh K (272 Points)
Replied 17 October 2017

unlike earlier co.s act, applicability of articles is uniform across all companies.. so, whether public or private, if articles provide a particular way of appointing director then it shall be followed.. normally such process are provided in JVs.. however, such process can't override provisions of the act.. act provides for four years ways of appointing a director: 1. by a provision in articles (ex: first directors are appointed via articles only). 2. by board of directors (ex: additional director). 3. by shareholders (ex: directly appointing a person as director in a general meeting). 4. by Central government (in extreme cases).

Law Aspire (CS) (755 Points)
Replied 22 October 2017

can we appoint directly in AGM? Are you sure?
under which sections

Madhwesh K (272 Points)
Replied 22 October 2017

I'm a professional, I won't be answering in a forum if I'm not sure dear :)

anyway, check section 152 for general powers of shareholders to appoint directors and section 161 for specific powers of the board..