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Deemed Appointment of Director

Resolutions 841 views 1 replies

CA Pushpendra Gaur

CA in L & T

2843 Points Joined February 2009

Hello Frndz;

i want to know that in Sec.256 for filling of VACANCIES of directors, if a director is not appointed at the adjourned meeting then he shall be deemed to be reappointed,

But, however an exception has been put, which is beyond my understanding that :

he shaal not be deemed to be reappointed,

256 (4) (b) (iv) a resolution, whether special or ordinary, is required for his appointment or re-appointment in virtue of any provisions of I this Act; or

what does it mean resolution is generally reqd to appoint the director so what is relevance of this exception as in such case ???????

Replies (1)

Guest

It simply means that provision of automatic re-appointment is not applicable to additional directors.

This provision is applicable to normal & director in casual vacancy.

For Your Knoweldge (FYI): The section 256(4) will be applicable only, if the resolution has put amongst the generaal meeting. But before the members approve/reject the same resolution, the meeting is adjourned.