death of a director
P K Choudhari (chartered Accountants) (182 Points)
25 September 2017P K Choudhari (chartered Accountants) (182 Points)
25 September 2017
Anjali lakra
(473 Points)
Replied 25 September 2017
Anjali lakra
(473 Points)
Replied 25 September 2017
RAJA P M
("Do the Right Thing...!!!")
(128018 Points)
Replied 25 September 2017
In case a director of a private company dies, then the provision for filling the casual vacancy is laid down in Section 152(2) of the Companies Act, 2013. It states that unless expressly provided under the Act, every director of the private company shall be appointed by the company in the general meeting. Therefore the casual vacancy can only be filled up through appointment in a general meeting. This also means that the directors are barred from filling up the casual vacancy by themselves.
sumit
(kumar)
(171 Points)
Replied 25 September 2017
Shrijay Sheth
(Co-Founder)
(2692 Points)
Replied 26 September 2017
Where the death of director does not cause the number of director less than the limit provided (2), the filling the casual vacancy is voluntary in nature, otherwise the director shall be appointed in the Board Meeting of the company within 30 days of the vacancy of the director (i.e. within 30 days of death). The consent of new director shall be accorded in for DIR 2. Further, the said appointment shall be regularised in the General Meeting of the company at the future date.
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mukesh kumawat
(student)
(25 Points)
Replied 17 March 2018
Shrijay Sheth
(Co-Founder)
(2692 Points)
Replied 24 March 2018
Yes, casual vacancy of director can be filled by board subject to the appointment of nre director till the expiry of term of director, whose office is vacated.
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