Maryland Unanimous Written Action of Board of Directors Appointing Officers along with Certification of Secretary
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The Format of Board Resolution for Appointment of Director of a Company can be used to record the appointment of Director in a General Meeting. For a person to become a Director in Private Limited Company, he/she requires a Director Identification Number (DIN Number).
RESOLVED THAT pursuant to the provisions of Section 161 of the Companies Act, 2013 and other applicable provisions (including any modification or re-enactment thereof), if any, (DIN: ), who has signified her consent to act as a director, be and is hereby appointed as an Additional Director of the
Appointing a director A company's shareholders can appoint directors. This is usually done by passing an ordinary resolution in favour of the appointment (ie a majority of the shareholders agree to the appointment).
Any person willing to be appointed by a director, and permitted by law to do so can be appointed by ordinary resolution of a general meeting or by resolution of the directors. (Article 17).
7.2 In case of a public company, appointment of directors beyond a prescribed age say 70 years, should be subject to a special resolution by the shareholders which should also prescribe his term. Continuation of a director above the age of 70 years, beyond such term, should be subject to a fresh resolution.
Get approval to appoint a new director In the case of companies that have adopted Model articles, the appointment of a new director can be approved by way of a simple majority of votes at a board meeting. Alternatively, a written resolution can achieve the same result, but it must be unanimous.
A Company has the authority to remove a Director by passing an Ordinary Resolution, given the Director was not appointed by the Central Government or the Tribunal. A Board Meeting will be called by giving seven days' notice to all the directors.
Public limited companies cannot use written shareholders' resolutions to make decisions unless it is specifically permitted in their articles of association.
Most commonly, directors are appointed by the shareholders at the Annual General Meeting (AGM), or in extreme circumstances, at an Extraordinary General Meeting (EGM). A resolution for the appointment is put to a vote, and passed if a majority of shares are voted in favour.
Written resolutions enable shareholders of private companies to take decisions without the need for a general meeting. With very limited exceptions (removal of director or auditor) shareholders can pass ordinary or special resolutions (with the approval of the requisite majority) by way of a written resolution.