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Somaas Kandan (CA Final)     10 May 2011

Tenure of Alternate Director?

What is the tenure of the Alternate Director appointed by the BOD?



 16 Replies

CA. Arvind Shrivastva

CA. Arvind Shrivastva (Chartered Accountant)     10 May 2011

M sry 4 nt readin d ques. carefully.
Pratik Dhodia

Pratik Dhodia (asst. CS)     10 May 2011

Alternate Director holds office

until the of expiry of term of Director in whose place he  has been appointed as an alternate Director

or

Director in whose place he  has been appointed as an alternate Director returns to the state in which the Co. holds Board meeting.

 

also refer section 313.......

see the same has been authorised by AOA of the Co.

1 Like
Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

To Mr. Arvind.Sorry, am asking the position of Alternate Director and not Additional Director?

Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

Mr. Pratik, you mean to say that, this alternate director is  appointed as similar to  appointment of casual vacancy?

SANTOSH  SHAH

SANTOSH SHAH (Company Secretary)     10 May 2011

Originally posted by : Somaas kandan

What is the tenure of the Alternate Director appointed by the BOD?

 

 Alternate Director appointment is only temporary. Such appointment is only

to fill up the vacancy of existing director not being presently available.

The office of such alternate director to be vacated when the original director

would return back.

Refer Sec 313

regards

Santosh Shah

2 Like
Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

I agree that the Alternate Director should vacate the office when the original director arrives, but my doubt i suppose if the original director will return to the office after 1 to 2 years and in between the Agm is due to be held, and what is the position of alternate director in that AGM?

Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

Put simply, my doubt is whether there is any time limit for the original director should  return to the office?

Pratik Dhodia

Pratik Dhodia (asst. CS)     10 May 2011

see, Casual Vacancy is altogether a different thing, Casual Vacancy arises on  resignation of director appointed by Co. In" GENERAL MEETING" before expiry his term. section 262 is applicable only to Public Co. and Pvt. Co. which is subsidiary of public Co.

for alternate Director section 313 is applicable, where Director is absent  for not less then 3 months, from the state in which meetings of the Board are ordinarily held.

hope this would clear your doubts....good day....

1 Like
Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

To Mr. Pratik, Sir now am understood from ur explanations, but my main doubt is whether there is any time limit for the original director to return back to the office? 

Pratik Dhodia

Pratik Dhodia (asst. CS)     10 May 2011

no there is no time limit

alternate Director is appointed to act on behalf of original director,

so long as original director holds position as director and it is not possible for him to attend the meeting alternate director is appointed.

As far as question of AGM is concerned, if original Director is re appointed at AGM then the Alternate also needs to be re appointed.

 

1 Like
Somaas Kandan

Somaas Kandan (CA Final)     10 May 2011

Thanks a lot Mr. Pratik, now am understood.


(Guest)
Originally posted by : Pratik Dhodia

Alternate Director holds office

until the of expiry of term of Director in whose place he  has been appointed as an alternate Director

or

Director in whose place he  has been appointed as an alternate Director returns to the state in which the Co. holds Board meeting.

 

also refer section 313.......

see the same has been authorised by AOA of the Co.
Azim Khan ACA,CS,CMA*,LLB*

Azim Khan ACA,CS,CMA*,LLB* (Proprietor)     10 May 2011

Pratik,

u explained very well......... Thanks

saranraj

saranraj (CA FINAL)     10 May 2011

as far as i am concerned, an alternate director can be appointed for a maximum of 3 months.


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