Form 32-death case and appointment of director

as per requirement of section 266A it is required that if any person is interested to become director he should have a DIN before appointment hence you should appoint with current date

A vacancy caused by death or resignation of a director is a casual vacancy and director appointed as casual director to hold office uptill the expiry of term of the original director. In your case director should be appointed as casual director and not as additional director. Read the provisions of companies act carefully. If you appoint him as additional director you will have to regularise him in general meeting otherwise his appointment will be void and he shall vacate his office.

Also, Form 32 can be filed wth back date appointment with additional fees, it is now approved ASAP on the MCA portal. It has nothing to do with DIN approval. The system will calculate additional fees payable on late filing.

as per clause 75 of Table A, continuing director can hold the board meeting and appoint other director as alternate director per section 313 of companies act.

director can be appointed from back date it has nothing to do with the date of approval of DIN. Please remember the prior period scenario of 2006 when DIN was not compulsory.

262. FILLING OF CASUAL VACANCIES AMONG DIRECTORS.

(1) In the case of a public company or a private company which is a subsidiary of a public company, if the office of any

director appointed by the company in general meeting is vacated before his term of office will expire in the normal

course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company,

be filled by the Board of directors at a meeting of the Board.

(2) Any person so appointed shall hold office only up to the date up to which the director in whose place he is

appointed would have held office if it had not been vacated as aforesaid.