Please Help: Apointment of director in pvt. ltd company
Posted Date : 09-Jul-2011 , 04:12:22 pm | Posted By manoj kapadiya
In a pvt Ltd. Company having two directors in which one director is retire in March 2011 and one another director want to appoint another two director.One director can do so? and if yes what is the procedure need to be followed.
Category : Corporate Law | Answers : 2 | Comments : 7 | Hits : 1523
Answers
Answer By: Anjali Arora
In Pvt. Ltd. Minimum 2 Directors should be there at any time. one Director cant appoint another. Procedure is before retirement of the Director company should appoint another director and after that old director can resign.
Answer By: PRIYANKA
Right u have to be careful in this regard, a company having only 2 directors, anyone cannot resign untill a new director or more than one new director comes in , as 2 directors are mandatory every time in Pvt ltd company. and as far as filings are concerned, either u can file a single form 32 for both appointment and resignation taking care of the things mentioned in comments below or u can file seperate form 32..first for appointment and then for resignation...n sorry as this answer is posted twice by mistake..once in answer and once in comment.!!
Comments
Venkataramanan S
10-Jul-2011 , 08:04:14 pmWhat anita said is right. But you can file a single Form-32 with ROC for a director resignation and two directors appointment. You should be alert that the appointment date should be before the directors resignation date. That is Directors consent letter date should be earlier than directors resigning letter date.
PRIYANKA
11-Jul-2011 , 12:45:04 pmPRIYANKA
11-Jul-2011 , 12:48:21 pmRight u have to be careful in this regard, a company having only 2 directors, anyone cannot resign untill a new director or more than one new director comes in , as 2 directors are mandatory every time in Pvt ltd company. and as far as filings are concerned, either u can file a single form 32 for both appointment and resignation taking care of the things mentioned in comments below or u can file seperate form 32..first for appointment and then for resignation.
CA VIPIN GARG
12-Jul-2011 , 09:17:49 amTotally agree with the above advises, just go for thatttttttttttttttttttt
CA Adarsh Agrawal
15-Aug-2011 , 06:12:29 pmAgreed wid all the replies.. in addition to all replies, I want to add one more point.. that if practically its not possible to appoint new directors before resignation of old one, then it become impracticable to hold board meeting.. In such case, the director can apply to CLB u/s 186..
Mohd.Waseem Khan
07-Sep-2011 , 11:38:37 amRakesh Kapoor
09-Sep-2011 , 11:41:45 pmWhat about in case the company has two directors and one director dies?