Mr. John has been appointed as additional director on the Board of MCX Ltd. on 12th January, 2006. Mr. John has filed his consent to Act as a director, if appointed, only with the company. Examine with reference to the provisions of the Companies Act, 1956 whether he is also required to file his consent with the Registrar of Companies.
An additional director is exempted from filing consent with the registrar, when he is appointed as a director In other words, when an additional director vacates his office in the annual general meeting, and he is immediately appointed as a regular director by the shareholders in the same annual general meeting (by complying with the requirements of section 257), he is not required to file his consent with the Registrar.
Thus, it is evident that when a person is appointed as an additional director, he is not exempted from filing consent with the Registrar. Accordingly, Mr. John is required to file his consent with the Registrar.
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