Director retire by rotation
This query is : Resolved
Armaan Bansal
(Querist)
04 September 2012
Dear All,
is it mandatory to appoint director in case director is retired by rotation.and company has expressly resolved not to filled the vacancy?
pls answer this, urgent.
Regards,
Mohit
is it mandatory to appoint director in case director is retired by rotation.and company has expressly resolved not to filled the vacancy?
pls answer this, urgent.
Regards,
Mohit
Ajay Mishra
(Expert)
04 September 2012
Hi
Please read sub section (4) of section 256 of the Companies Act, 1956.
Please read sub section (4) of section 256 of the Companies Act, 1956.
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Armaan Bansal
(Querist)
04 September 2012
Sir, i read that but i am in confusion, so sir pls clarify that if company expressly resolved not to fiiled the vacancy, than is there any requirement(mandatory)to appoint the director.pls sir clarify this.
Ajay Mishra
(Expert)
04 September 2012
Hi
Yes, it a deemed provision and it is required to be complied.
First of all it is not a vacancy, if such director is liable to retire by rotation and he is not resigned from Board then he/she will be autometically reappointed if other person is not appointed out from out of the Board.
So u can not escape from such rotational appointment, because it is an ordinary business of the company.
Yes, it a deemed provision and it is required to be complied.
First of all it is not a vacancy, if such director is liable to retire by rotation and he is not resigned from Board then he/she will be autometically reappointed if other person is not appointed out from out of the Board.
So u can not escape from such rotational appointment, because it is an ordinary business of the company.
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