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How to fill casaul vacancy due to death of director in pvt c

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)

09 January 2016

Hi Everyone,

I need expert advise:

In a private limited company there is two director. Unfortunately one of the the director had died. Now Company wants to fill causal vacancy due to deatch of director. Please suggest process as per companies act, 2013.

Thanks in advance !!

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11 Replies

Charusheela Taldeokar (Management Trainee in CS firm_ CS Final) (396 Points)
Replied 11 January 2016

Sir,

Casual vacancy arised due to death of director can be filled by passing board resolution in board of director's meeting.

And file e-Form DIR-12 to concerned ROC.

Thanks

CS Divesh Goyal (Practicing Compnay Secretary) (50010 Points)
Replied 13 January 2016

If Because of death no. of director reduced below two then hold a Board Meeting to call General Meeting and pass resolution for appointement of Director in General Meeting and file DIR-12 within 30 days of GM.

1 Like

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)
Replied 18 January 2016

Dear Mr Divesh,

Thanks for your response !!

I would like to know further that how to hold board meeting with one director to call general meeting ?

Thanks,

Sudhir Goyal

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)
Replied 18 January 2016

Dear Mr Divesh, Thanks for your response !! I would like to know further that how to hold board meeting with one director to call general meeting ? Thanks, Sudhir Goyal

Read more at: /forum/details.asp?mod_id=345742&offset=1

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)
Replied 18 January 2016

Dear Mr Divesh, Thanks for your response !! I would like to know further that how to hold board meeting with one director to call general meeting ? Thanks, Sudhir Goyal

CS Divesh Goyal (Practicing Compnay Secretary) (50010 Points)
Replied 18 January 2016

it is allowed under the act to hold BM by one director in such situation.

1 Like

RISHABH ARORA (Company Secretary in Practice ) (194 Points)
Replied 20 January 2016

Section 174(2) of the Companies Act, 2013

The continuing directors may act notwithstanding any vacancy in the Board; but, if and so long as their number is reduced below the quorum fixed by the Act for a meeting of the Board, the continuing directors or director may act for the purpose of increasing the number of directors to that fixed for the quorum, or of summoning a general meeting of the company and for no other purpose.

1 Like

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)
Replied 24 January 2016

Thanks !!

Pls also tell me, whether there is any time limit to fill casual vacancy if number of director reduced below 2 in pvt ltd.

SUDHIR GOYAL (CHARTERED ACCOUNTANT) (40 Points)
Replied 24 January 2016

Director and shareholder are same person i.e. two directors and shareholders are same and number reduced below the quaram required for EGM.

CS Divesh Goyal (Practicing Compnay Secretary) (50010 Points)
Replied 25 January 2016

with in 6 month you have to appoint new director to fill casual vacancy.

Radhe Namdev (ACS) (68 Points)
Replied 31 December 2020

single director may call EGM for fill the vacancy of the private company then the vacancy may be filled in the GM and file respective form with roc in prescribed time with prescribed fee