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    Regularisation of an Additional Director under Companies Act 2013

    Posted By : SARIKA / Published on : 01-Jul-2022 08:27 AM / View : 427 / Comment : 0

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    One of mine Friend questions :

    Regularisation of an Additional Director.

    One of the private company appointed Mr. A as an additional director on 28th July 2005, but did not regularise his appointment in the subsequent AGM. (the reference about the regularisation has not been brought in the notice of the AGM as a special business)

    Further till the year 2011 the Company has filed all the Annual Returns with the ROC, wherein the designation of Mr. A is shown as "Additional Director" in form 20B (prefill option) but the attached schedule V shows his designation as Director which is signed by the other Directors of the Company.

    Since section 260 of the Companies, Act and even the AOA of the Company, restricts the tenure of the Additional Director till the next AGM, Mr. A ceased to be director in the year 2005 only as his appointment was not regularised.

    Further the Additional Director has not signed any of the documents, on behalf of the Company, till date. Now the other directors do not want Mr. A to continue as director.

    My queries are as under:

    Is there any requirement of including the special business in the notice of the AGM, if the Company does not want to regularise the appointment of the Additional Director?
    In the instant case is it sufficient if we file the revised 20B for all the years along with one Form 32 as on the date of AGM of 2005 for vacation of office of Additional Director?
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