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Can sole director appoint other add. director

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anuraggupta_ca

21 Points Posted on 04 April 2018

There were TWO Directors in a Pvt Ltd Co., and out of which 1 Director became Disqualified by MCA in Companies Struck-Off.

Can a Sole Director left appoint Additional Director??

What should be the appropriate procedure for such appointment ??

Request you to kindly provide a complete and detailed procedure for the same.

Replies (1)

As per the provisions of Section 161(4) of the Companies Act 2013, if one director become disqualified then another director can be appointed by filling casual vaccancy. Such Director can be appointed as casual vaccancy as additional Director. Such Director shall be appointed in the Board meeting within 30 days of such casual vaccancy. such Director shall hold the office till the orignal director would have held the office and shall be regularized at the upcoming Annual General Meeting of the Company.

Company shall File DIR 12 within 30 days of appointment as Additional Director in casual vaccancy.