Regularisation of Additional Director

Hi,

101% additional director is to be regularised in AGM 2009 in your case.

You may go for modification of AGM notice. Modify your AGM notice & add the agenda of regularisation of AD and re-send it to shareholders. AGM date will remain the same. Take shorter notice concent from shareholders u/s 171(2)(i). As it is a pvt. co. it would not be a tuf task.

Other option is first file form 32 for deemed vacation u/s 260 after AGM and again appoint him as AD. Revert for any doubt.

Regards 

Hi

If you have appointed AD between the issue of notice for  conducting AGM and the date of AGM and at the time of  AGM such director demed to vacate of the office of director, autometically, unless you are not regularising him/her as Director under section 257.

If you wanted to regularise him/her as director, it is required to issue another notice for the said purpose as soon as possible before the date of AGM to all the shareholders and pass the resolution under section 257 and file form 32 with concerned ROC.

In any case a person appointed as Additional director before the AGM, such AD will vacate the office of the next coming AGM from the date of his appointment.

Regards