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death of a director

P K Choudhari (chartered Accountants) (182 Points)

25 September 2017

casual vacancy caused by death in case of private limited company

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10 Replies

sumit (kumar) (171 Points)
Replied 25 September 2017

comp act is silent about

1 Like

Anjali lakra (473 Points)
Replied 25 September 2017

u can show appointment of new director on a back date before the date of death of director.

sumit (kumar) (171 Points)
Replied 25 September 2017

is that question or ans??

Anjali lakra (473 Points)
Replied 25 September 2017

answer.. as company is silent on death of director..

Anjali lakra (473 Points)
Replied 25 September 2017

company law

RAJA P M ("Do the Right Thing...!!!") (127167 Points)
Replied 25 September 2017

Death of a Director: Private Company

In case a director of a private company dies, then the provision for filling the casual vacancy is laid down in Section 152(2) of the Companies Act, 2013. It states that unless expressly provided under the Act, every director of the private company shall be appointed by the company in the general meeting. Therefore the casual vacancy can only be filled up through appointment in a general meeting. This also means that the directors are barred from filling up the casual vacancy by themselves.

sumit (kumar) (171 Points)
Replied 25 September 2017

for appointment of dir. u have to pass BR or general meeting resolution and have to file dir-12 so how can u appointe a dir. from back date

Shrijay Sheth (Co-Founder) (2692 Points)
Replied 26 September 2017

Where the death of director does not cause the number of director less than the limit provided (2), the filling the casual vacancy is voluntary in nature, otherwise the director shall be appointed in the Board Meeting of the company within 30 days of the vacancy of the director (i.e. within 30 days of death). The consent of new director shall be accorded in for DIR 2. Further, the said appointment shall be regularised in the General Meeting of the company at the future date.

Drop an e-mail at support @ legalwiz.in for queries relating to appointment of Director.

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mukesh kumawat (student) (25 Points)
Replied 17 March 2018

Casual vacancy of an independent director can be filled up by board of director or not?

Shrijay Sheth (Co-Founder) (2692 Points)
Replied 24 March 2018

Yes, casual vacancy of director can be filled by board subject to the appointment of nre director till the expiry of term of director, whose office is vacated.

You can get help of experts for filling the place of directors at https://www.legalwiz.in/add-or-remove-a-director-company-.

Drop us an e-mail at support @ legalwiz.in for more information.