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Thus, only those subscribers to the memorandum who are individuals shall be deemed to be the first directors of the company if the articles do not mention the names of first directors.If nothing is mentioned in the articles of association of a company regarding the appointment of first directors of a company, the subscribers to the memorandum of association shall be deemed to be the first directors of the company (including a private company which is a subsidiary of a public company).32 at the time of incorporation or within 30 days thereafter.It is only, if there is no provision in the articles of association of the company regarding the appointment of first directors, the subscribers to the memorandum shall be the first directors of the company.

The words “who are individuals” in section 254 of the Companies Act, 1956 is in accordance with the provisions of section 253.Section 253 says that only individuals can be appointed as directors.Thus, a body corporate, an association of persons or a partnership firm cannot be appointed as director of any company.In that case, regulation 64 provides that the names of the first directors shall be determined in writing by the subscribers of the memorandum or a majority of them.In such a case, the subscribers must determine the names before or at the incorporation of the company and give intimation thereof to the Registrar by Form No.

The words “who are individuals” in section 254 of the Companies Act, 1956 is in accordance with the provisions of section 253.

Section 253 says that only individuals can be appointed as directors.

Thus, a body corporate, an association of persons or a partnership firm cannot be appointed as director of any company.

In that case, regulation 64 provides that the names of the first directors shall be determined in writing by the subscribers of the memorandum or a majority of them.

In such a case, the subscribers must determine the names before or at the incorporation of the company and give intimation thereof to the Registrar by Form No.

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].