Director's appointment & resignation

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A Limited Company having only 03 Directors,one of whome expressed his willingness not to be appointed as will be retiring by rotation u/s 256 of C.A.1956.Therefore,a person has been inducted in the Board in the month of August-2011 as Additional Director u/s 260 of C.A.1956,with the intention that once the motion for the retiring director is taken up,who has expressed his intention not to be reappointed,the no of Director will not fal below mentioned in section 252(1) of C.A.1956.

Is the above method is alright or one should go by the provision of section 256(3) of C.A.1956?

 

Replies (1)

Additional directors provision is mainly given in the act to cover up the situations of not having the statutory minimum  number of directors.in order to ensure the statutory minimum  number of directors company might have appoiunted additional directors.It is not necessary that in case of a retiring director exporessing his unwillingnesss toi be reappointed another director should be appointed only by            256 (3) section

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