Dear All

I have a Query related to Casual Vacancy caused in Private Limited Company :

Facts are
1. Casual Vacancy Caused by Death of Director ( there were only two directors)
2. He was Promoter and Later on appointed as M.D. in General Meeting of the company.
3. As per AOA of company , Article for Causal Vacancy is as follow :

Subject to provision of Section 262 of the Act, Board shall have the power at any time and from time to time, to appoint any qualified person to be a Director to fill a casual Vacancy . Any person so appointed shall hold office only upto the date which the Director in whose place he is appointed would have held office if it had not been vacated by him.

Further as per AOA :

QUORUM :

The Quorum for the meeting of the Board shall be one Third of its total Strength or two Director, which ever is higher..


4. As per Section 262 :

262. Filling of casual vacancies among directors. (1) In the case of a public company or a private company which is a subsidiary of a public company, 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.

(2) 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.

and

(3) Casual vacancy in private company

Section 262 applies to only public companies and private companies which are subsidiaries of public companies. This, however, does not mean that a private company which is not a subsidiary of a public company is debarred from vesting in its Board, by articles, the power to fill casual vacancies among its directors. Such a company can by its articles vest in its Board that power without any of the limitations imposed by section 262.


Now my Question is

1. Casual Vacancy is caused by Director who was promoter and subscriber to MOA . In that case his appointment was consider be held in Board Meeting or in General Meeting...?? ( As per section 262, C. V. caused by death of Director who was appointed in General Meeting , can be filled in Board Meeting.)


2. Is that possible to appoint any qualified person as Director in absence of Quorum in Board Meeting. ( which is required to be hold proper Board Meeting.)

or Is any other Option or Alternate is available in such situation ???

its Urgent????????


Please let me know : ' if "X" is a Nominee director of Company and has been promoted and sent to France,now the financial institution has said to replace "Y" as Nominee director, it has been put forward to Chairman? so what to do? can u please guide me?

sir,
i have registered for IPCC under direct entry scheme along with articles in january but before the completion of ITT and orientation programme.so i got a letter from the institute that my articles registration is pending.then i completed orientation programme and sent a copy of it to the institute.presently im doing ITT and now again i got a letter to submit ITT training certificate.i want to know if i submit the certificate will my registration be accepted and will i be eligible for the nov 2013 attempt?

hi,
is there any interest or penalty for late service tax payment of mar-13 ??
if yes !!
so please mention the rate or amount ??

Dear Friends, Kindly advise me about reference books for IPCC Group-I. I am preparing for Nov-13 exams.

Regards
Surya.

Dear Sir,
I will be appearing for ICWAI-Inter June'2013exams. Pls. provide study notes for objective type question.

Thanks.

A Company is incorporated on 12/03/2010, 1st balance sheet is prepared for 12/03/2010 to 31/03/2011. Is it required to file ITR for the year ending 31/03/2010.

sir,
i have registered for IPCC under direct entry scheme along with articles in january but before the completion of ITT and orientation programme.so i got a letter from the institute that my articles registration is pending.then i completed orientation programme and sent a copy of it to the institute.presently im doing ITT and now again i got a letter to submit ITT training certificate.i want to know if i submit the certificate will my registration be accepted and will i be eligible for the nov 2013 attempt?

Hi,
I am a pcc student and completed my articleship of 3.5 years. I haven't converted to IPC yet and have also not appeared for may 13 exam. I have not cleared any of my groups. Do i have to do 9 months of articleship again? And can i appear for nov13 exams?

SERVICE TAX QUERY :

Services T/o in FY 11-12 (PREVIOUS YEAR) – Rs. 70 lacs

The above services become taxable w.e.f 1st July 2012.

From July to Sept 2012 total Services = 10 lacs + 2 lacs = Rs. 12 lacs

Now in the above case Can the Threshold exemption upto Rs. 10 lacs be claimed under Notification NO.33/2012-ST dated 20.06.2012.???????