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Arvind Sehdev (Advocate)     20 February 2012

Company wishes to add another director now - procedure ??

Dear All,

I need a clarification on the below mentioned points :

1) A Pvt. Ltd. Co. is already incorporated with Registrar of Companies with 2 directors.

2) The company wishes to add another director now

3) What is the procedure for adding in the new director in the Co.



Learning

 1 Replies

A V Vishal (Advocate)     21 February 2012

The appointment of a new director must comply with the company’s Articles of Association;

Appointment of subsequent directors is made at annual general meeting of the company subject to any regulation by articles;

An ordinary resolution by simple majority is to be passed, unless otherwise stated.

Company Law Compliances

The person so appointed is required to file his consent in E-Form 32 within 30 days of his appointment with the requisite fees. The E – Form must be digitally signed by either the managing director, manager or secretary of the company authorized to do so.

Alternately an EGM of the members of the company may be convened and the necessary resolution be passed appointing the director.

In the first instance such appointment has to be regularised in a General meeting ( either EGM or AGM).

The appoinment of a director is always done through ordinary


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