Appointment of Casual Vacancy Director as Director

[Aanchal Chopra]

Dear Members

A person was appointed as a Casual Vacancy Director of the Company in the year 2020. Now can we regularize the same person as the Director of the Company in the AGM and thereafter file the form DIR 12 for the Change in Designation ? Please advice

Regards

CS Aanchal Chopra

[Shivanand R, Kambale]

Nope. The appointment should have been approved in the immediate next general meeting. 

Shivanand R K

9591283850

CS cum LLB 

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[Bharat Kapoor]

In terms of Section 161(4) of the Companies Act, 2013; director appointed in the casual vacancy  shall hold office upto the term of director in whose place he is appointed. 

Hence, after the expiry of term of former director, you can regularize the director in AGM and file DIR-12 for change of designation.  

 

Best Regards

Bharat Kapoor

Company Secretary

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[Shivanand R, Kambale]

Then two DIR -12 is required to file in this case:

1st for approval at immediate next GM and held office upto the expiry of former director term. 

2nd for re-appointment after expiry the terms of former director.

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