Regarding appointment of director

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

07 July 2010 suppose a additional director of a public company appointed in a board meeting died .now my question is that how vacancy will be filed.who will appoint new director.

Thanks

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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07 July 2010 fill the vacancy caused by death of director, by passing the board resolution in a validly convened board meeting under section 262 .

File form-32 for appointment with in 30 days of BM.

262. FILLING OF CASUAL VACANCIES AMONG DIRECTORS.

(1) In the case of a public company or a private company which is a subsidiary of a public company, if the office of any director appointed by the company in general meeting is vacated before his term of office will expire in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the Board of directors at the meeting of the Board.

(2) Any person so appointed shall hold office only up to the date up to which the director in whose place he is appointed would have held office if it had not been vacated as aforesaid.

Querist : Anonymous

Querist : Anonymous (Querist)

07 July 2010 thanks for giving me reply but as u said vacancy can be filed by BOD if director is appointed in GM but in my question director was a additional director and additional director is appointed by board in board meeting.

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