No, a person can be appointed directly as director only in general meeting. Otherwise first appoint him/her as additional director in board meeting and after that the appointment should be confirmed in general meeting..
In case of a private limited company (if authorised by the articles), a director can be appointed by the Board of Directors. Shareholder's approval is not necessary.
Thank u everyone 4 ur help. Kindly tell me if by mistake the director had been appointed directly in the board meeting, then what corrective step should be taken? Kindly tell the procedure.
Check during the appointment what attachment are attached in e-form, if consent letter is attached then there is no issue. If Board Resolution is attached the. Resign him and then appoint him as an Additional Director in Board Meeting or directly as a Director in EGM/AGM.
Actually the present situation is in board resolution he is mentioned as additional director but this resolution is not attached with the form (as attachment is not mandatory), but in the form the designation has been filled as director instead of additional director. Please help.
Guest
Dear Honey,
In case board resolution is not attached. Then there is no problem at all. Cancel that board resolution and prepare resolution for appt of director in EOGM i.e. on the date of appointment convene one EOGM and update your minutes.
However this is not good practice. Exercise proper care in future.
So Neha ji, did you mean that revision of Form 32 is not necessary?
Guest
Yes, my dear.
Think wisely, why you are going to revise that form? You appointed a person as director so it ought to be in general meeting. Since you dint attach board meeting minutes. There are no hassles. Dnt worry.