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casual vacancy of directors , appointed by board

14 January 2019

we know that casual vacancy of directors appointed in gm is filled by board and subsequently approved by members in gm , but what if casual vacancy of directors appointed by board takes place ??? plz clarify too confusing
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venkata karthik (13 Points)
Replied 14 January 2019

As per section 152 unless the contrary provided the director appointed is assumed to be the director appointed in Gm and section 160 of the act has specific procedure to appoint a director. so I fill there is no authority for bod to appoint a director except proposing him or her as a director!!

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Shubham Jha (127 Points)
Replied 14 January 2019

venkata kartik - i appreciate you replied , can you plz elaborate what you meant by "him or her" ??

venkata karthik (13 Points)
Replied 15 January 2019

Here him or her refer to The proposed director

Chirag (Professional) (1979 Points)
Replied 22 January 2019

If there is casual vacancy for director appointed by Board ,then such casual vacancy can't be filled by board, Let me illustrate with example, Mr. A, the director of the company ( which was appointed in General Meeting) ,resigned from his office, At the next board meeting board shall take note of Resignation and vacation of his office as director and appoint another person as An Additional Director, Whose appointment shall be confirmed at ensuing general meeting, ( Director appointed by Board) ,If such director resign his office before general meeting, Then such Casual Vacancy can't be filled by director...

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Shubham Jha (127 Points)
Replied 22 January 2019

thanks chirag, now the conclusions here is , who shall fill if such a vacancy arises ?

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Chirag (Professional) (1979 Points)
Replied 22 January 2019

Vacancy Will be Filled at General Meeting by passing resolution with requisite majority.... it mean to say, Director may appoint additional or alternate director only( Which is casual vacancy) however if such additional or alternate, Resigns, Died etc, then such vacancy is no casual vacancy and it to be filled at general meeting....The persons candidature may be proposed by candidate himself or Member or by Board..

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