How can Casual Vacancy of Director be filed?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 preetham asked almost 3 years ago

Hi I am the CA student. I am having some doubt about company law topic. May I know, How can Casual Vacancy of Director be filed?

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5 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered almost 3 years ago

If the office of any director appointed by the company in general meeting is vacated before his term of office will expire 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.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 CA Sandeep Bohra answered almost 3 years ago

Casual Vacancy: Legal Provisions related to Appointment of Director to fill casual vacancy caused by the resignation of existing director are given in Section 161(4) of the Companies Act, 2013, -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. -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. -Tenure of casual director: The person so appointed will be eligible to act as a casual director till the remaining tenure of the director in whose place he was appointed by the company. **Few Notable Points** Please take note of below mentioned points w.r.t. secretarial practice and relevant provisions: 1. Intimation by such Director of such appointment to all other companies in which he/ she is already a Director (if any), would be required i.e., change in Disclosure of Interest u/s. 184 (1) in all other companies and subsequent compliance. 2. If proposed appointee is wholetime KMP in any other company, Board resolution of that company will be required as per first proviso to section 203(3). 3. Issue letter of appointment to the concerned Director

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Picsjoin 2017224123730582 Archana answered almost 3 years ago

Hie Preetham, Casual Vacancy: --------------- - 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. - 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.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 jitendra etikala answered almost 3 years ago

**Casual Vacancy (CV):** If the Director of a company in India who was appointed at a general meeting of the shareholders vacates his position before the expiry of his tenure, the Board of Directors may choose to appoint a new Director to fill the casual vacancy, as per Section 262 of the Companies Act, 1956. If the company’s Articles of Association do not provide any clauses that state otherwise, the newly appointed Director shall hold office only up to the date which the Director in whose place he is appointed would have held office. The new Director may also be considered for re-appointment during a general meeting. **Casual vacancy arises due to various reasons, such as:** Resignation by the Director Disqualification of the Director Death of the Director Insolvency of the Director Filing of return is necessary for the appointment of casual vacancy A casual Director is not a Director by rotation. While proposing a person to be a regular Director in a general meeting, due notice of their appointment has to be received from a board member. After his induction as the new Director, a fresh return has to be filed with the Registrar of Companies through electronic filings. **Applicability to a privately owned company** A private company need not comply with the provisions of the appointment of a Director in casual vacancy as stipulated by Section 262 of the Companies Act, 1956. Such a company can fill casual vacancies if provided for in its Articles of Association. If there is no provision in the Articles of Association, casual vacancy can be filled in a general meeting by the consent of the shareholders.

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Open uri20170510 32134 1uwcnoc?1494421631 Shubhangi Jain answered almost 3 years ago

If the office of any director appointed by the company in general meeting is vacated before his term of office will expire 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. 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 as aforesaid.

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