Appointment of director in pvt ltd

Pvt ltd 7342 views 18 replies

Please tell me whether directors can be appointed by board resolution, can more that 1 director be appointed at a time,

Is it mandetory to file the resolution as attachment to Form 32.

Replies (18)

Hi Mohit,

Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director.

Yes more than 1 Director can be appointed at a time

No, resolution is not mandatory for filing form 32

Thanks & Regards

Amit Mishra

B.Samrish & Co.

New Delhi

A single director will be appointed through single resolution. Attachment of Board Resolution is not mandatory with the Form 32 but always advisable to attache as an evidence to the appointment.

Dear sirs addressing to practising company secretaries 

The Directors who are liable to retire by rotation and reappointed once again for that also resolution is necessary for appointment once again ? please reply

 

Thanks in advance 

Sivaram, Yes it is desirable to attach resolution for appointment of regular director. You can attach notice of general meeting in which resolution of regularisation of additional director is sent to shareholders/members. Thanks

Yes Sir,

You can appoint more than 1 director by 1 resolution but to appoint in this way 

first you have to pass resolution for such appointment.

And further it is not mandatory but it is always advisable to attach resolution in other attachments

category in Form-32.

Mr.Mohit, I think its an academic question ??? na I think so

Mr.Mohit/ Parashar/ Keval, You can not appoint more than 1 director by 1 resolution in case of PUBLIC COMPANY only and in GENERAL MEETING only as per section 263. Read carefully: Section 263 is applicable on public company only and only in case of resolution passed in General meeting. Meaning hereby private company can appoint more than 1 director by one resolution and Public company can appoint more than 1 director by one resolution in BOARD MEETING. Thanks

 I am not clear still, i am asking as to whether by passing a single resolution of the board can i appoint two directors by a single Board Resolution.. as in pvt co. sec255,256,257,263 & 264 does not apply .

 

Hi Mohit,

Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director.

Yes more than 1 Director can be appointed at a time

No, resolution is not mandatory for filing form 32

Yes by passing a single resolution of the board you can appoint two directors by a single Board Resolution in pvt co. Regards

Simple he Mohit mere bhai,

In Pvt. Co. you can appoint more than 1 director in 1 resolution.

In Pub. Co. also you can appoint but for that you have to pass 1 more resolution regarding this 

i.e. 2 resolution, 1 to appoint more than 1 dir in 1 reso and 2 to appoint dir/s

 

Originally posted by : sorabh gupta CA FINAL

 

Hi Mohit,

Yes a director can be appointed in a board meeting as an additional director in the mid of year and can hold office till the next agm where he may be regularized as a director.

Yes more than 1 Director can be appointed at a time

No, resolution is not mandatory for filing form 32


Agree

thanks to all my friends for guiding me Now i understood that two directors as independent directors not additional directors,can be appointed as directors by a single board resolution

Also note mohit for appointing both directors in GENERAL MEETING you can not pass single resolution without obtaining unanimous consent in GM.

Agreed with expert....only 1 resolution is required for multiple director appointment in pvt company while in public company for each director appointment separate resolution need to be passed.. Hope your query gets solved....

Read Section 263 to get clear view.

Thanks

Mihir Doshi


CCI Pro

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