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Section 313 alternate director

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This query is : Resolved

Esha Desai (Querist)

21 May 2012 AS per provisions of Section 313 of the Comapnies Act, If the term of office of the original director is determined before he so returns to the State , any provision for the automatic re-appointment of retiring directors in default of another appointment shall apply to the original, and not to the alternate, direct.

Accordingly, if Original Director is reappointed at AGM, what will be the position of Alternate Director? Will be he considered to be reappointed or cease to be appointed?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

22 May 2012 The provisions of section 256 of the Act as to the automatic re-appointment of a retiring director shall apply to the original director, and on the happening of such an event, the alternate director would be deemed to have vacated his office as such on the date on which the automatic re-appointment has taken effect.

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