LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jayanta Bandyopadhyay   12 August 2024

Appointment and resignation of director on same day

We have a pvt ltd co with 2 directors. Real estates business 

They want to appoint 2 additional directors from New interest groups and immediately they would exit on the same day. Is it possible? We need to upload all returns, resolution on MCA Portal. Kindly guide.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

A company is an artificial judicial person managed and run by natural persons known as directors.

A director is someone elected by the company shareholders to manage the company affairs as per the Memorandum of Association (MOA) and Articles of Association (AOA).

The company must appoint a director by passing a resolution in a general meeting. The company may pass a resolution to appoint a director in an Annual General Meeting (AGM). If the company decides to appoint a director in the middle of the year, it may appoint a director by passing a resolution in an Extraordinary General Meeting (EGM). 

The same procedure is to be followed for removing the director also.

  • A resolution for removing a director must be passed in the general meeting of shareholders after giving the director an opportunity of being heard
  • After passing the resolution, form DIR-12 must be filed with the ROC
  • After filing the form, the director’s name would be struck off from the MCA website

After the resolution is passed for the appointment of an individual as director and the DIN is obtained, it takes one day to appoint him/her as the company director.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register