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However, the meeting shall be held before the date of holding the first annual general meeting of the company.
Procedure for appointment of first directors Ø Consent of each of the persons proposed to be named as director in the articles of association, seeking his consent to act as director, shall be obtained in the form of a letter. Ø Consent of the first directors (unless they are named in the articles of association) in Form No.29 prescribed under the Companies (Central Government’s) General Rules &Forms, 1956 shall be filed with the Registrar of Companies [section 264(2)].
The Department of Company Affairs (Now, Ministry of Corporate Affairs) vide DCA’s Circular No.
1/95 14/6/94-CL-V, dated 16 February, 1995 advised that at least one of the promoters of the company, whose names were mentioned in the application for availability of the company’s name, must be the first director of the company.
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A general notice of the interests under section 299 will also be given in Form No.24 AA prescribed under the Companies (Central Government’s) General Rules & Forms, 1956.
Ø Where a director undertakes to take up qualification shares, if any, Form No.29 should bear requisite stamp duty as applicable under the Stamp Act of the State in which the form is executed.
Ø The particulars required to be entered in the Register of Directors under section 303 will be entered with respect to each director immediately after the incorporation of the company.
The first directors are usually named in the articles of association or are appointed by the directors.
The above statement can be inferred by reading section 254 of the Companies Act, 1956 which says that in default of and subject to any regulations in the articles of a company, subscribers to the memorandum who are individuals shall be deemed to be the directors of the company, until the directors are duly appointed in accordance with section 255.