In a private limited company what is the procedure if only one director left out of two
There were two directors in a private company and out of the two one director is dead
Please let me know whether one director can be quorum and if yes how one director can appoint another director I mean procedure
Private company must have minimum two directors and hence appointment of one more director is mandatory in the given case. The only issue is when to appointment and who will appoint.
Legally speaking, Sec.174(2) provides that the continuing director may act for the purpose of increasing the number of directors to that fixed for the quorum, or of summoning general meeting of the company and for no other purpose. Hence remaining one director can also appoint new director. However, practically speaking the system may not accept DIR-12 for death of director and may give message that the number of directors has reduced below minimum fixed by the Act. Hence it will be advisable to appoint someone as new director on or before the date of death and file DIR-12 accordingly.
Thanks sir for your reply
I want to ask whether two DIR-12 is to be filed or one DIR-12 is sufficient
I mean one for appointment and one for cessation??
Two DIR12 will be required
Dear
You can file appointment and resignation in single Form- DIR-12, but first insert details of appointment and later resignation.
can Additional Director be appointed by Shareholders in Extra-ordinary General Meeting if out of Two Director one Director resigned and since there is no Quorum for Board Meeting?
In my Case, we are two directors and one of the directors managed to get her name off from the MCA database. ilegally. her reisgnation is not accepted and the MCA has only one director now..What can Do in this case ?
CAclubindia
