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Alternate Director + Vacation under section 167

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yograj virkar

26 Points Posted on 09 March 2020

If original director has not attended the board meeting for a continuous period of 12 months but the same meetings were attended by its alternate director, then does the original director still required to vacate the office as per section 167?

Replies (2)

Quick Summary

This discussion clarifies the implications of Section 167 regarding director vacancies. If an original director is absent from board meetings for a continuous period of 12 months, their office is deemed vacant, irrespective of whether an alternate director attended those meetings. The attendance of an alternate director does not prevent the vacancy from occurring under Section 167.

Rahul Agarwal

Student

22 Points Posted on 10 March 2020

Yes, if the original director is absent from board meetings for a period of 12months with or without seeking leave of absence, it is deemed vacancy u/s 167.
It doesn't matter that the meetings were attended by alternate director in his absence.