achyut (fresher) (73 Points)
01 February 2012NOTICE FOR CONVENING AGM ISSUED ON 2ND SEP, 2011 TO HOLD AGM ON 30TH SEP, 2011
ON 22ND SEP, 2011 ADDITIONAL DIRECTOR WERE APPOINTED.
I WANT TO KNOW THAT WEATHER THE ADDITIONAL DIRECTORS APPOINTED ON 22ND SEP, 2011 LIABLE TO RETIRE?
ANY CASE LAW ON THIS?
AMIT MISHRA
(Legal Professional)
(393 Points)
Replied 01 February 2012
Hi Achyut,
I dont have a case law but in case the appointment of the additional director is made on 22nd September and the date of notice is 2nd September, 2011 he is liable to retire at the AGM held on 30th September, 2011.
You had an option to obtain a consent for shorter notice from all the shareholders whereby you can send the notice on 22nd and include the regularization of director in that.
Thanks & Regards
Amit Mishra
B. Samrish & Co.
New Delhi
achyut
(fresher)
(73 Points)
Replied 01 February 2012
achyut
(fresher)
(73 Points)
Replied 01 February 2012
AMIT MISHRA
(Legal Professional)
(393 Points)
Replied 01 February 2012
Hi Achyut,
No the same cannot be done. Read Section 260.
Thanks & Regards
Amit Mishra
B. Samrish & Co.
New Delhi
CAclubindia
