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Director retire by rotation

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(Querist)
04 September 2012 Sir,
i read sec. 256(4) but sir i am in confusion that if company expressly resolved not to filled the vacancy than sir is there any requirement to appoint director.
pls sir answer this query.

Regards
Mohit
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Ajay Mishra

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Ajay Mishra (Expert)
04 September 2012 Hi


Section says, that if you are not appointing any director under this section and the vacancy is not filed by existing director then the next existing director who is liable to retire by rotation will be deemed to appoint.

For Example:

If A and B are directors liable to retire by rotation under 255 and Mr. A is not willing to reappoint under section 256 then B will come in place of Mr A.
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