appointment of director in Pvt. / Pub ltd.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 January 2011 When there were only two/three directors on board one of director die. .now board has only one/two director in Pvt. Ltd./ Pub. Ltd.!!! My question is whether one/two director can appoint another one as director ??? in what basis as additional director?? Or as casual vacancy???

What will be legal compliance in this situation board meeting is enough one ??or have to call EGM??? & what are procedural step I have to follow if it is Pvt. Ltd. ??? what will be different steps if it is Pub. Ltd.???

CS Taher

CS Taher (Expert)
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20 January 2011 Yes u can appoint another Director..the filled up vacancy comes under Casual Vacancy but within 3 months from the first-date of Vacancy.

In Board Meeting u can appoint Director to substitute place of the former Director under Casual Vacancy..

Jayashree S Iyer

Jayashree S Iyer (Expert)
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20 January 2011 Though 1 director will not satisfy the quorum requirements, for the limited purpose of filling up casual vancancy in the office of directors, 1 director can hold the board meeting and appoint a director to fill the casual vacancy created due to the death of an existing director.

CS Taher

CS Taher (Expert)
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20 January 2011 Agree with Expert

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