First directors of company

3891 views 8 replies

Hello,  Can a person not included as promoter/Director in Form1A (Name Availability) be admitted as a Director by filing Form 32 during incorporation or after incorporation simply because of his name being included as "FIRST DIRECTOR" in Articles of Association framed. Can any one solve this for me?

regards,

k.ganesh karthi

Replies (8)

Read section 254.

 

Hi

 

 

You can appoint first director to an individual if his/her name was not included in Form 1A on the basis of No Objection Certificate taken from other directors whose name was given in Form 1A as directors and file the same with Form-32. Read section 254 of the CA, 1956.

After Incorporation you can not enter any individual as first director, this facility will be available in change in status of the company.

Regards

Agree with Ajay Sir, bt confused in relation to change of first directors in case of change of status of the company. Is it possible? I mean if the company changes its status from pvt to public, den the name of the first directors cn be changed?

Hi Neetu


At the time of status change of company by conversion of company fron privateto public, the minimum requirement of directors is three, in that case , if the company have only two directors, in that case third director is included in the AOA  of the company.



Regards

You mean to say Sir that the Third Director appointed after conversion from Pvt. to Public Company will be treated as First Director in AOA and his name is added in the List of  as First Director in AOA of the Company, plz explain......
 

 

Regards

At adoption of new set of Articles at the time of conversion new name will be entered in the Articles and they are treates as first director as their name is given in articles.

But you dont compare the above directors with director appointed under 254 of the CA, 1956, because they are treated as deemed directors.


Regards




Good discussion between Ajay and Neet, I wish to  add something more:

Whether in case of change in the management of the company, the article on First Directors having the names of first directors mentioned in the articles can be substituted with the new article "Directors of the company" with the names of new incoming directors after filing the necessary forms.

I have similar problem. We are forming  Pvt Ltd Co wherein,  two directors are named in first director list ( out of the total five)  are not there in Form 1A. Do we need to attach a no objection. Pls note this is a new Co under formation.

Regards

Sadanand

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
11 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details