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The first directors shall hold office till directors are appointed in accordance with the provisions of section 255 at the first general meeting held after the date of incorporation.However, the meeting shall be held before the date of holding the first annual general meeting of the company.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.

The first directors are usually named in the articles of association or are appointed by the directors.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.In the absence of any contrary provision in the articles of association of a private company regarding the appointment of first directors, the first directors who have been appointed under the articles may hold office till they are duly appointed at the general meeting held before the holding of the first annual general meeting of the company.In the case of Swapan Dasgupta v Navin Chand Suchanti (1988) 64 Comp Cas 562 (Cal), the Calcutta High Court held that it is advisable that in the case of a private company there should be clear provisions regarding the appointment of first directors in the articles of association of a company.

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