Casual vaccancy of director in private limited company
This query is : Resolved
15 December 2017
THERE ARE TWO DIRECTORS ON THE BOARD OF PRIVATE LIMITED COMPANY OUT OF WHICH ONE DIRECTOR DIED ON 11.12.2017. PLEASE SUGGEST HOW TO FILL THE CASUAL VACANCY?
CS Mitesh Mehta
(Expert)
16 December 2017
1. Check whether Articles of the Company contain any provisions to appoint Director to fill the casual vacancy read with Section 161(4) of the Companies Act, 2013. If yes, than follow the provisions given in Articles to fill the casual vacancy
2. If Articles are silent about filling up of casual vacancy, than hold a board meeting to appoint a Director to fill the casual vacancy
3. Obtain DIN Number & Consent in writing from the proposed director in DIR-2
4. Take a declaration that he is not disqualified to become a director under this Act in Form DIR-8
5. Hold a board meeting to pass Resolution for appointment of Director u/s 161(4) of Companies Act, 2013 to fill the vacancy caused due to death of existing director. Take the note of Casual vacancy due to death of existing director in the same meeting.
6. File form DIR-12 for appointment of additional director first then separately file DIR-12 for death of director.
2. If Articles are silent about filling up of casual vacancy, than hold a board meeting to appoint a Director to fill the casual vacancy
3. Obtain DIN Number & Consent in writing from the proposed director in DIR-2
4. Take a declaration that he is not disqualified to become a director under this Act in Form DIR-8
5. Hold a board meeting to pass Resolution for appointment of Director u/s 161(4) of Companies Act, 2013 to fill the vacancy caused due to death of existing director. Take the note of Casual vacancy due to death of existing director in the same meeting.
6. File form DIR-12 for appointment of additional director first then separately file DIR-12 for death of director.
CS Mitesh Mehta
(Expert)
16 December 2017
In private companies you have to hold the general meeting to fill the casual vacancy
Radhe Namdev
(Expert)
03 April 2018
Call General Meeting and fill vacancy in the same .....a single director can call general meeting in which director may be appointed....
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