Appointment of director

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Neeraj Singh Bisht (Querist)
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07 December 2012 In what time period can a director be appointed in a private company if there are only 2 directors and one of them ceases to be a director?

Ajay Mishra

Ajay Mishra (Expert)
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07 December 2012 Hi

As per your queries, appointment of director where director of the company is less than the quorum fixed by article for the meeting of the Board. In your case the, the quorum is not, because of the resignation of one directr out of the two director.

In such case you must follow the provision of your company articles read with clause 75 of the Schedule I- Table A of the Companies Act, 1956.

Ajay Mishra

Ajay Mishra (Expert)
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07 December 2012 Hi

What your company articles says, please also check. Section 45 of the Companies Act, deal with the situation of minimum members whereas section 252 deal with minimum numbers of directors but in case of director the Act not define the period in how much time the new director should be appoint.

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