i want to know that due to death of director, only one director remains in bod that director can appoint another director for private limited company kindly guide in this regard
sathya murthy raju (Manager Audits) (32 Points)
19 May 2010i want to know that due to death of director, only one director remains in bod that director can appoint another director for private limited company kindly guide in this regard
Deepak Maharishi
(CS)
(514 Points)
Replied 19 May 2010
Dear Raju,
In case of death of any director which leaves the number of director to one or below quorum..then the remaining director may call the meeting to appoint another director (as Additional Director) or may call an EGM to appoint a Director.
Please refer to Table A - Clause 75
Regards
Deepak Maharishi
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 May 2010
Agree with the learned member.
Regulation 75 of 'Table A' is the only solution. Check your AOA thoroughly and search for similar kind of language used in Regulation 75 of Table 'A', in case Table 'A' is excluded by your AOA.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 20 May 2010
Agree with the learned members.
They may call meeting for only appointment of Additional Director to complete the quorum and for not any other purpose.
Kumar
(Article)
(922 Points)
Replied 22 May 2010
Its true in case of death of a Director of a private company having only two directors the surviving director can call a meeting to appoint an addational director.
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