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Whether first directors can change after incorporation of co

Rohit Kashyap (Audit & Accounts Assistant) (28 Points)

16 January 2012

HI All,

Can anyone suggest me whether a private company incorporated in the Feb 2011 can change the name of first directors in MOA?

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9 Replies

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)
Replied 16 January 2012

You can not change names of the first directors in MOA, you can replace the directors.Pvt ltd company is in operation immediately after the incorporation. You can pass a board resolution for the new appointment of directors.

Charu Srivastava (Company Secretary) (4210 Points)
Replied 16 January 2012

According to me NO...

Wait for other member's reply..

Parashar (Company Secretary 2004) (1013 Points)
Replied 16 January 2012

No, you cannot change the first directors of the company in AOA(NOT IN MOA), but if a company get converted from pvt. to public or vice-versa then you will mention as : The DIRECTORS of the company at the time of conversion WERE...............................so in normal case it cannot be.

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)
Replied 16 January 2012

In MOA, there is no provision to remove first director name. It will be mentioned until dissolution of the company.

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Parashar (Company Secretary 2004) (1013 Points)
Replied 16 January 2012

Dear Rajesh, I do not find any clause for directors in Memorandum, certainly there are promoters which may be first dirctors also, please tell me the clause for directors in MOA. THANKS

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)
Replied 17 January 2012

Dear Prashar,

the directors at the time of incorporation (first directors) can be changed after incorporation, but their name in the MOA can't be changed...becoz MOA is drafted once at the time of incorporation,, and for such a minor change MOA is not amended,,, but on the records of ROC the new directors can be updated by filing form -32 for resignation of first directors and also for appointment of new directors in place of first directors

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 17 January 2012

Originally posted by : RAJESH CHOUDHARY
	In MOA, there is no provision to remove first director name. It will be mentioned until dissolution of the company.

Perfect Observation by learned member Rajesh Ji.

No doubt about that.

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CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 29 January 2012

Dear All, first thing is that the names of the directors are mentioned in the Articles of Association and not in Memrandum of Assciation. Secondly in the Articles of association, you may mention as the "Present Director of the Company" along with or without the First Directors of the Company.