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Regularisation of Additional Director

Page no : 2

Sudhir Garg (Service) (236 Points)
Replied 07 January 2011

Regrets, last line to be read as:

With respect to Annual Return, it was mistake not to mention.

Rgds/Sudhir

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 07 January 2011

I would like to disagree with Sudhir.  Whatever be the case, the additional director ceases on the date of AGM as per provisions contained in Section 260 of the Companies Act.  Shorter notice, if possible could be served and his appointment regularlised in the AGM itself.  If not, appoint him afresh as additional director and regularise him in the next AGM.

Sudhir Garg (Service) (236 Points)
Replied 07 January 2011

Dear Jayashree

Thanks for your comments. Comments are always welcomed whether on agreed part or disagreed. After all the purpose of this platform is to resolve the query by way of sharing knowledge. 

Serving of shorter notice is not practically possible as it needs to be signed by all members in case of AGM. I know technically as per section 260, Additional director holds office upto the date of AGM. But if we take corollary, appointment of additional director after service of notice of AGM may be viewed as exception to section 260.

Other members view are solicited.

Regard / Sudhir

Shailendra Agrawal (service) (30 Points)
Replied 11 May 2012

Dear Friends

please clarify my doubt on the following situation:

suppose A person appointed as Additional Dirrector on BM and in the same meeting same person appointed as Managing Director so Form 32 and Form 25 C filed with in time. 

now the query is as per Section 260 AD should be regularised in AGM or Vacate the office if regularised in AGM then what designation should be mention in Form 32 Director or Managing Director?

if we mention designation director then on MCA portal it will change the designation although he is MD. 

please suggest .

thanks

Shailendra

 

Akarshika (Associate Company Secretary)   (21 Points)
Replied 28 November 2012

Hello Everyone,

My query is regarding Regularisation of Additional Director. We have filed Form 32 for Regularisation of Director on the date of AGM i.e. 26th September, 2012 and have also attached the Certified true copy of resolution passed in the Annual General Meeting and the form has been taken on record. But then, we came to know that the AGM was held on 28th September, 2012. Also, the Company cannot adjourn the meeting held on 26.09.2012. Now, I want to ask that can the Company file revised form 32 and correct the date of regularisation of the director.


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