Appointment of Casual Vacancy Director as a Director

[Aanchal Chopra]

Dear Members

A person was appointed as a Casual Vacancy Director of the Company in the year 2020. Now can we regularize the same person as the Director of the Company in the AGM and thereafter file the form DIR 12 for the Change in Designation ? Please advice

Regards

CS Aanchal Chopra

[Shubhra garg]

No, you need to re appoint him first as Additional Director and then regularize in the upcoming AGM.

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CS Shubhra Garg

[jm sundaram]

Hai

Please go throught the following link:   https://taxguru.in/company-law/shifting-registered-company-office-state.html

     Sundaram jm

Company Secretary

LTG Infrastructure Limited

Bangalore 560058

Phone: 9845875796

On Tue, Sep 26, 2023 at 12:10 PM Aanchal Chopra <aanchal.c...@gmail.com> wrote:

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[Aanchal Chopra]

So probably this will be done in the AGM held in the year 2024? since the financials are already signed for this year ?

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[Aanchal Chopra]

So in this AGM we can appoint him as an additional director in the Company and accordingly we can file the form DIR 12 and regularize the person in the AGM to be held in the year 2024?

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[Siva Krishna]

first need to appoint as Additional Director and then regularize in upcoming AGM 

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[Pankaj Khandelwal]

Section 161(4) read with the proviso clearly mention about the procedure and term of the director appointed so. In my view, you need to check following points for your case:

1. Provisions related thereto in the Articles of the Company

2. Whether the appointment was approved in the subsequent General Meeting held immediately after the appointment.

The proviso to the Section indicates the Maximum time period for the person appointed as such.

Feel free for further discussion.

Pankaj Khandelwal

www.PankajKhandelwal.in