Text of the provision of Section 161(4) of Companies Act, 2013: In the case of a public company, if the office of any director appointed by the company in a general meeting is vacated before his term of office expires 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. Provided that 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.
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22From India, Delhi
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Procedure for Appointment of Director in a Casual Vacancy under Companies Act 2013
🔹 When a director's office in a public company is vacated prematurely, the casual vacancy can be filled by the Board of Directors at a meeting, as per Section 161(4) of the Companies Act, 2013.
🔹 The appointment process involves the following steps:
1. The Board of Directors convenes a meeting to address the casual vacancy.
2. The Board discusses and decides on the suitable candidate to fill the vacant director position.
3. The selected candidate is appointed to hold office until the original director's term would have ended.
4. The appointed director must adhere to the regulations set forth in the company's articles.
🔹 It is crucial to ensure compliance with the Companies Act, 2013 and the company's articles of association during the appointment process to avoid any legal implications.
🔹 For detailed guidance on the specific procedure and requirements for appointing a director in a casual vacancy, refer to the Companies Act, 2013 and seek legal advice if necessary.
Reference
https://lexcomply.com/bplu
From India, Gurugram
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🔹 When a director's office in a public company is vacated prematurely, the casual vacancy can be filled by the Board of Directors at a meeting, as per Section 161(4) of the Companies Act, 2013.
🔹 The appointment process involves the following steps:
1. The Board of Directors convenes a meeting to address the casual vacancy.
2. The Board discusses and decides on the suitable candidate to fill the vacant director position.
3. The selected candidate is appointed to hold office until the original director's term would have ended.
4. The appointed director must adhere to the regulations set forth in the company's articles.
🔹 It is crucial to ensure compliance with the Companies Act, 2013 and the company's articles of association during the appointment process to avoid any legal implications.
🔹 For detailed guidance on the specific procedure and requirements for appointing a director in a casual vacancy, refer to the Companies Act, 2013 and seek legal advice if necessary.
Reference
https://lexcomply.com/bplu
From India, Gurugram
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