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Query on Additional Director

veena bhat (Company Secretary) (33 Points)

25 July 2011  

Dear All,

 

I have one query,

the Private company appointed director as Additional Director in the month of January 2009. it has not regularise his appointment in the AGM held in the month of June 2010. In annual return also it showing the same appointment date. now how to regularise his appointment and appoint as a director in the company? what is the best solutions availbale in this regard?


 7 Replies

jeets (CS ) (461 Points)
Replied 25 July 2011

Originally posted by : veena bhat

Dear All,

 

I have one query,

the Private company appointed director as Additional Director in the month of January 2009. it has not regularise his appointment in the AGM held in the month of June 2010. In annual return also it showing the same appointment date. now how to regularise his appointment and appoint as a director in the company? what is the best solutions availbale in this regard?

 

Hello,

Please note that additional director holds office upto the date of Annual General meeting. If you have failed to regularize the appointment he had cease to hold office. Please read section 260 for more clarity.

Now you cannot regularize an appointment which doesn't exist. You have to re-appoint the director..

You can directly appoint director in any of the EGM or appoint director as additional director and with out fail regularise his appointment at the upcoming AGM

Others view are solicited

 

Thanks and Regards

SANTOSH SHAH (Company Secretary) (749 Points)
Replied 25 July 2011

Originally posted by : veena bhat

Dear All,

 

I have one query,

the Private company appointed director as Additional Director in the month of January 2009. it has not regularise his appointment in the AGM held in the month of June 2010. In annual return also it showing the same appointment date. now how to regularise his appointment and appoint as a director in the company? what is the best solutions availbale in this regard?

 Hi Veena

Agree with Jeets.

Appoint again as additional director, and regularize the appointment in any general meeting. You need not wait till next AGM to regularize. In any next EGM, regularization can be done.

 

regards

Santosh Shah

CA Kamlesh Verma (Chartered Accountant) (46 Points)
Replied 24 September 2011

can anyone plz tell me that if article does not have any provision for qualification share then regulation of table A apply or not ? Bcz i read that if on any point article is silent ,Then Reg. of Table a apply on public co. but in m.b book it is given that if article is silent then no need to take qualification share.

CA Kamlesh Verma (Chartered Accountant) (46 Points)
Replied 24 September 2011

may or should publi co. having Psc >5crore and 1000 Or more small shareholder be appointed SSD ?

CA Kamlesh Verma (Chartered Accountant) (46 Points)
Replied 24 September 2011

plz tell me that Sec.258 apply on pvt. co or not?

CA Kamlesh Verma (Chartered Accountant) (46 Points)
Replied 24 September 2011

Is sec.254 Apply on Pvt co. or not ? if not then what will be The manner of appointment of first Director In pvt.co.?

CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17821 Points)
Replied 24 September 2011

Dear Veena Ji,


Show an EGM before the date of AGM 2009 and regularise him in that EGM and file form 32 for that everything would be regularised.





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