Regularisation of Whole Time Director

[MOHIT SALUJA]

Dear Sir/ Madam

                         Greetings of the Day.

A director was appointed as an Additional Director in May 2012 in a Board Meeting. After a month after holding of EGM, he was to paid salary for which Form 25 C require whih ask the designation "Manager/ Managing Director/ Whole time director" to be selected. So by filing Form 23 the designation of Director was changed from Additional to Whole Time Director. 

So now question is whether there is any requirement to regularize the Whole time director in AGM, who was appointed as additional director. As in the act, it has been written that the tenure of additional director is up to the date of AGM. Although director's designation was changed but he was appointed as additional director. hence i think there is need to regularise him in the AGM.

Please share your views members.........

Regards,
Mohit Saluja
Company Secretary
9914558709

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[DHAMODHARAN KARTHIKEYAN]

Dear Friend,

Regularisation of Additional Director as Director may be done in the EGM also, provided the EGM is held before AGM.

With Regards,
DK. 

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[dheeraj gupta]

hiii

As in ur case additional director was appointed as WTD in EGM then there would be two different situation, -
1. if u have regularise him under sec. 257 in
the same EGM then u need not to regularise him in AGM and he shall carry on to hold his office as WTD.

2. if u have not regularise him in same EGM them u must regularise him in ensuing AGM otherwise his tenure of office will comes to an end as he was appointed as Additional Director intially.

Thanks & Regards
CS Dheeraj Gupta

[Ainesh Jethwa]

i also have a similar situation to ask, an a person was appointed additional director, then later without regularising him he was appointed whole time director, now in the agm he has been regularised as he will cease to hold the office of director otherwise.

 

The question now is  will form 32 for regularisation be filed for him and if yes then will the designation ( whole time director),  be chosen for him instead of director  (as done in normal regularisation)?

 

 

Regards

Ainesh

 

 

[chandrika s]

I've the similar situation where the regularisation of the director in the agm nees to file the e-form 32?? along with the form 25c for his change from additional director to whole time director??

 

please some one help me to resolve...

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Regards,
CHANDRIKA .S.