Please help sir

Querist : Anonymous (Querist) 16 January 2012 This query is : Resolved
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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Advocate. Arunagiri (Expert) 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.

Querist : Anonymous (Querist) 16 January 2012
thanks sir for the reply...

Shailesh Kumar Shah (Expert) 16 January 2012
In MOA, there is no provision to remove first director name. It will be mentioned until dissolution of the company.

Similar type of query, already replied at:-

http://www.lawyersclubindia.com/experts/Alteration-of-memorandum-268106.asp

Querist : Anonymous (Querist) 16 January 2012
Dear Shailesh sir, 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

Rajeev Kumar (Expert) 16 January 2012
I agree with Arunagiri sir

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 January 2012
The questioner is smart and know more about the subject.
YES YOUR INTERPRETATION IS CORRECT.

Heena Khurana (Expert) 16 January 2012
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

Shailesh Kumar Shah (Expert) 16 January 2012
Dear Author,

On my behalf, Expert Heena Khurana has already been told answer. I completely agree with her views.

prabhakar singh (Expert) 17 January 2012
Nothing more needed.

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