death of a director

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casual vacancy caused by death in case of private limited company
Replies (10)
comp act is silent about
u can show appointment of new director on a back date before the date of death of director.
is that question or ans??
answer.. as company is silent on death of director..
company law

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.

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

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.

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

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. 

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