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152(6)

Ravi Kiran Vustela (Knowledge Seeker) (1353 Points)

25 January 2017

*Retiring director* should be *reappointed* only in *AGM* right???? Since he retire only in *AGM* ... He can't be Reappointed in *EGM* RIGHT???

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8 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 25 January 2017

RIGHT

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Ravi Kiran Vustela (Knowledge Seeker) (1353 Points)
Replied 25 January 2017

Sir, 152(6)(a)(ii)) says.
Save as otherwise provided in the act be appointed by the company in *general meeting*...

Ravi Kiran Vustela (Knowledge Seeker) (1353 Points)
Replied 25 January 2017

So any case.. Where he can be reappointed in EGM?

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 27 January 2017

Your query was for 'retiring director'. A new director can be directly appointed in EGM also.

Dilshad Saifi (CS - Professional) (56 Points)
Replied 29 January 2017

Retiring director shall be reappointed in AGM and if such vacancy is not filled by reappointment or appointment of other person than meeting

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Dilshad Saifi (CS - Professional) (56 Points)
Replied 29 January 2017

meeting shall stand adjourned till the same day in the next week, at the same time and place

Dilshad Saifi (CS - Professional) (56 Points)
Replied 29 January 2017

If at the adjourned meeting also, the vacancy of the ret iring director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring director shall be deemed to have been re-appointed
from above it is cleared that reappointment shall be made only at AGM