Appointment of a director by way of will- does it tantamount to assignment of office? pls also explain provision of sec 312>
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 06 May 2010
No
Appointment of a director by way of will does not amount to assignment of office read with section 312.
Where a director dies, the office held by him becomes vacant and therefore such office cannot be assigned to anybody. Therefore appointment of a new person in such office does not amount to an assignment within the meaning of section 312.
Oriental Metal Pressing private Limited Vs. B.K. Thakoor (1961)
Best Regards
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 06 May 2010
The office of Director cannot be filled by way of will or any assignment of office u/s 312.
Further, casual vacancy is to be filled by Board Directors and this would not be cover under section 312.
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