interpretation of section 260:

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260. ADDITIONAL DIRECTORS.

Nothing in section 255, 258 or 259 shall affect any power conferred on the Board of directors by the articles to appoint additional directors:

 

Provided that such additional directors shall hold office only up to the date of the next annual general meeting of the company :

 

Provided further that the number of the directors and additional directors together shall not exceed the maximum strength fixed for the Board by the articles.

 

 

Interpretation

  • An additional director can be appointed by BOD only if articles empower the BOD to appoint additional director.

 

  • Appointment of additinal director does not require the approval of Central Government.

 

  • The total number of existing director plus additional director cannot exceed the maximum limit prescribed by the articles.

 

  • Additional director not to be rotational director and not to be count for number of rotational director as requried u/s 255.

 

Replies (2)

for interpretation of sec 259, see:

/forum/interpretation-of-section-259--96223.asp

this is interpretaion of section 260 of the Indian Companies act, 1956

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