APPOINTMENT OF ADDITIONAL DIRECTOR
Posted By :
Juhee Goyal /
Published on :
16-Jul-2022 06:52 AM /
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334 /
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Under which section and rules of the Companies Act 2013, regularization of additional director is defined and what could be the procedure for its appointment ?
Also do we need to file again DIR-12 for regularization of Additional Director ?
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Dear Juhee,
The term "regularisation of additional director" is not defined in the Companies Act, 2013. It is a general term which is in popular usage due to various judicial pronouncements.
As per section 161(1) additional director's tenure is till the AGM,
and as per section 152 except in pursuance to section 161, every director is to be appointed in GM.
it means his regularisation can be made either in AGM of in any EGM before such AGM.
Yes DIR-12 is to be filed, on his regularisation
Hope it helps,
Thank you