ADDITIONAL DIRECTOR NOT REGULARISED IN NEXT AGM

[RAKESH KUMAR]

 

Dear Members,

 

Kindly suggest on the following query:

 

A person appointed as an additional director in 2008 and in the next AGM he was not regularised by the members. Even the notice convening 2009 AGM did not mention about that agenda.

 

In 2000, the same director was appointed as managing director for 3 years and related Form 32 was filed for MD. On MCA portal, he is being shown as MD.

 

He is main signatory of the company.

 

Company is private limited.

 

Now, suggest whether his appointment can be regularised OR else should company go for compounding?

 

An early reply is highly appreciable,

 

Thanks

 

Rakesh

[Rajiv Pandya]

As per Law, the director does automatically ceased if not regularised in AGM and also the notice didn't speak about it. 

Now you have appointed him As MD so ma question is his appointment in 2000 was made directly as MD or Director then MD. 

Now forget the past and do what is required now. Regularise him in ensuing AGM.

If appointment as MD had not been done we can still regularised him in 2009 AGM and file form 32 giving reason that we forgot to mention about his regularisation in the AGM (2009)

Other views are solicited. 

With Regards,

Rajiv Pandya
Company Secretary

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[Ramaswami Mohan]

since urs is a Pvt Co, pl check the Co's AOA as well reg appointment of Director/s, and seek suitable remidial measures.

regards,

Mohan

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CS. R.  Mohan
Mobile: 9908814677

[Alpesh Dhandhlya]

Dear Mr.Pandya

As per the Act,1956 if the Additional Director  is not regularised in the immediate next AGM, his directorship stands withdrawn automatically means he is not a director at all.

Now if you want to appoint him as a MD you need to freshly appoint and the by SR appoint him as  MD.

As you have previously appointed his as an MD is an offence which is compoundable Plz issue that Chain. 

[shamanth]

if CC is not applicable...then conduct a back dated EGM after AGM, appoint him as director...file form 32 now with additional fee.

[Venkat Ragavan]

Fforget the past and do what is required now. Regularise him in ensuing AGM.

Appointment as MD can be possible since it was a pvt company

 

Regards

 

V.Venkat

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[santhosh kumar]

you need to file form 32 back dated

since this is pvt ltd company . you may not have the headaches of shareholders.

since all or internal shareholders

you may have to pay penalty 10 times.

suppose if fee is 200Rs- then Rs.2000

if Rs.500 then Rs.5000 penality

that all

regards

On Mon, Apr 1, 2013 at 3:46 PM, RAKESH KUMAR <rake...@gmail.com> wrote:

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CS.M.Santhoshkumar
"From the man who always has a Good heart ! "

 

 

[santhosh kumar]

how can you forget past.

if you regularize him now that means he is not director at all .

when he is not director how will you appoint him as MD.

So best thing is since it is Pvt ltd company. You can manage.

so file back dated filing and regularize him in the year when he is supposed to cease as 

director. 

other wise you cannot give validity to all his past acts as driector

regards

santhosh

On Mon, Apr 1, 2013 at 3:52 PM, Rajiv Pandya <raji...@gmail.com> wrote: