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Procedure for appointment of first directors at general meeting Ø Consent of the directors 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].

This is not required in the case of a private company unless it is a subsidiary of a public company.

Generally, the first directors are named in the articles. The general practice is that the promoters of the company select the first directors and name them in the articles.

The Department of Company Affairs (Now, Ministry of Corporate Affairs) vide DCA’s Circular No.

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.

The articles may adopt the provisions of Table A (Regulations for Management of a Company Limited by Shares) of Schedule I to the Companies Act, 1956 in the articles of association of the company.

[section 33(1)(c)] Ø Form Nos.29 and 32 may be filed within 30 days after incorporation.

However, it is advisable to file them at the time of incorporation.

The only condition is that the meeting shall be held before the beginning of the annual general meeting on that date.Appointment of First Directors of the Company “First directors” mean those directors who hold office from the date of incorporation of the company.The first directors are usually named in the articles of association or are appointed by the directors.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.Ø The particulars of the director’s shareholding will be entered in the Register of Directors’ Shareholdings. Ø Information relating to the director’s interests in other companies, firms and also names of his relatives for the purposes of sections 297 and 299 of the Act will be obtained.

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