No quorum in bod, how to appoint a director?

Companies Act 2013 300 views 4 replies

Hi Members, Our company is a PVT LTD Company with only two directors. One of them is disqualified in yet another company and so he has to vacate directorship from this company too. He is one of our first director. Since there is no quorum in BOD  for appointing new directors at present, how can i appoint a new director? What will be legal validility of our actions with this disqualified director in till the appointment of new director?

Replies (4)
AS per section 174.of CA, if the number of directors is reduced below the quorum fixed by the act, the continuing director may act for the purpose of increasing the number of directors to that fixed for the forum.
or of summoning a general meeting of the company and for no other purpose.

Sir,

We came to know about his disqualification in jest few weeks back. From the disqualification list, it shows he is disqualified form November 2016 onwards( But he was no on that list till march 2018 when i check). Shall we file tax audit reports? In september we taken DIN for two other persons. Kindly advise the procedure.

that disqualified director can't act as a director. but in a capacity of being share holder of the co. he can elect a new director of the company.


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