Appointment of director

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
We have Two directors in our company out of which one has suddenly resigned. Company is not in a position to appoint another director for atleast 3 months due to certain circumstances. Kindly advise on matter. Within what time limit do we to appoint another director.

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ajay sethi (Expert) 20 September 2011
a private limited company needs at least 2 directors . before accpetance of resignation other director has to be appointed

Raj Kumar Makkad (Expert) 20 September 2011
Refuse acceptance of director tendering his resignation till new arrangement is made.

Shastri J.K. (Expert) 20 September 2011
I agree with Experts opinion.

Sailesh Kumar Shah (Expert) 20 September 2011
Section 252 says that Every other(Private) company shall have at least two directors.
If one director is resigned, company's function would disable. So don't accept resignation of director unless additional director would not be appointed.

Advocate. Arunagiri (Expert) 20 September 2011
Only when you file the resignation in the ROC, the number of director will get reduced.

You need not file it to the ROC till you get the alternative director. In other words dont accept the resignation of the Director, till you appoint another director.

My suggestion is appoint additional director, to solve the issue.

prabhakar singh (Expert) 20 September 2011
I also agree with Experts opinion.

Querist : Anonymous (Querist) 21 September 2011
Thanks Everyone for your valuable guidance

Querist : Anonymous (Querist) 28 September 2011
In this regard can we take benefit of Regulation 75 of Table A of Companies Act 1956 for appointment of Additional Director

Sailesh Kumar Shah (Expert) 28 September 2011
Why Not ? subject to your company adopt 'Table A'.

Director can exercise power to call general meeting for appointment of director.

Querist : Anonymous (Querist) 28 September 2011
It is clearly stated in Articles that "The Regulations contained in Table A in Schedule I to Companies Act 1956, shall apply

Sailesh Kumar Shah (Expert) 28 September 2011
So, Go ahead...........

Querist : Anonymous (Querist) 28 September 2011
Thank you very much

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