Appointment of a director in company in casual vacancy

Tilak Marg Forum for Legal Questions Forums Business Law Appointment of a director in company in casual vacancy

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    • #1528
      M1250
      Guest

      If a director resigns and there is still time for the annual general meeting, how can that casual vacancy be filled up? How can a director be appointed in such casual vacancy?

    • #1529

      Section 161(4) of the Companies Act, 2013, provides answer to your question. It says that if the office of any director appointed by a public company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the Board of Directors at a meeting of the Board. This provision is reproduced below:

      “(4) In the case of a public company, if the office of any director appointed by the company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the Board of Directors at a meeting of the Board:

      Provided that any person so appointed shall hold office only up to the date up to which the director in whose place he is appointed would have held office if it had not been vacated.”

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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