Appointment of director to fill casual vacancy

Minimum number of director for a public company are 3 as per section 252. If currently you are having 3 directors then there is no hurry to fill the casual vacancy by appointing 4^th director.

On the other had if number of director are below the statutory limit of 3 then you should appoint 3^rd director as early as possible. You can file form 32 with back date with certain additional fees which means date of appointment of new director will be around 3-4 month back provided he is having DIN number.

No need to appoint new director as additional director u/s 260. Simply pass a shareholder resolution by holding EGM of shareholders and file form 32 accordingly with late fee.

Please revert if there is any doubt.

Dear sir

thank u for ur kind reply

so you mean to say that the time limit has not been specified in the act and the board of directors can even appoint the director to fill that casual vacancy now  with the back date, if no. of directors are more than 3 after the death, and file form-32 with late fees?

thank u once again for your clarification 

regards

There is no compulsion in law to fill casual vacancy if after death of 1 director remaining directors are not less than minimum 3.

Yes, no time limit has not been specified in the act and the board of directors can even appoint the director to fill that casual vacancy now with the back date and in that case date of appointment will also be backdated.

Please mention the current number of directors remaining after death of 1 director.

Query on section 262 of Companies Act, 1956

Mr. A is whole time director of the Company.

Regards,

What are the provisions under Companies Act, 2013, if in case, the number of director in a Pvt Ltd. Co. remain ONE after resignation of other Director.

Please reply.