Appointment of Director u/s 262 of the Companies Act, 1956
This query is : Open
04 November 2010
Can a Private Company which is not a subsidiary of a Public Company appoint a Director to fill in the casual vacancy caused due to the resignation of a Director?
04 November 2010
First of all section 262 does not apply to private companies.
A private company may appoint a director to fill casual vacancy as provided in the Articles of association
If nothing has providedin Articles then pvt. co. may appoint a director in a Board Meeting.
A private company may appoint a director to fill casual vacancy as provided in the Articles of association
If nothing has providedin Articles then pvt. co. may appoint a director in a Board Meeting.
04 November 2010
Excuse me nikita......
Can you appoint a person as a Director of a Private Company in the Board Meeting??????
As per section 255 of theAct, even in case of a Private Company, Director must be appointed in the General Meeting!!!!!!!!
Can you appoint a person as a Director of a Private Company in the Board Meeting??????
As per section 255 of theAct, even in case of a Private Company, Director must be appointed in the General Meeting!!!!!!!!
08 November 2010
Dear Sir,
Plz don't misinterpret section 255(2). Would request you to plz focus on the following words used in section 255(2):
1. Generally
2. In default of
3. subject to any regulations in the articles
For a learned member like you, it is enough to judge that use of the word "must" is your reply needs reconsideration.
Thanks
Plz don't misinterpret section 255(2). Would request you to plz focus on the following words used in section 255(2):
1. Generally
2. In default of
3. subject to any regulations in the articles
For a learned member like you, it is enough to judge that use of the word "must" is your reply needs reconsideration.
Thanks
08 December 2010
Dear Ankur,
So in that case appointment of a new director will not be falling under Section 262.
Can we conclude that the necessity of appointing a director to fill casual vacancy under section Section 262 does not arise to private companies as the private companies need not necessarily appoint its directors in GM. Any time the vacancy arises they can appoint a new director by passing a Board Resolution.
Please clarify.
So in that case appointment of a new director will not be falling under Section 262.
Can we conclude that the necessity of appointing a director to fill casual vacancy under section Section 262 does not arise to private companies as the private companies need not necessarily appoint its directors in GM. Any time the vacancy arises they can appoint a new director by passing a Board Resolution.
Please clarify.
12 August 2013
Is it necessary for Pvt Ltd company to have provisions in the AOA regarding appointment of Director in EGM u/s 255(2)??
If it does not have any provisions in AOA for appointment of Director in EGM, Can it appoint a Director in EGM by passing OR under section 255(2)??
Kindly Guide!!
If it does not have any provisions in AOA for appointment of Director in EGM, Can it appoint a Director in EGM by passing OR under section 255(2)??
Kindly Guide!!
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