section 161

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Ankita Panwar

59 Points Joined January 2019

The BOD of XYZ ltd appointed Mr.A as a director in the casual vacancy caused by resignation of Mr.X. Mr.A is proposed to be re appointed as a director at the AGM ,when he vacates his office. Whether Mr.A can be considered as a 'Retiring director'.

Replies (2)

savan kumar K Y

Articled Assistant

9 Points Joined March 2011

Answer. No, CV director appointed u/s 161(4) shall not be automatically reappointed after he vactates the office. He cannot be considered as retiring director. His appointment should be made again u/s 152(2) in the general meeting for reappointment.