The company must appoint a director by passing a resolution in a general meeting. The company may pass a resolution to appoint a director in an Annual General Meeting (AGM).
(2) No company shall appoint or re-appoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time: Provided that no re-appointment shall be made earlier than one year before the expiry of his term.
The appointment of directors will usually be covered by the company's articles (or possibly a shareholders' agreement) which may provide for appointment by the board, or by the shareholders via a written resolution or at a general meeting.
Board meeting: At a duly convened board meeting, the board of directors must approve the appointment of a director in case of a casual vacancy as per Sections 161(4) and 173 along with Secretarial Standards-I.
If a casual vacancy occurs due to the resignation of an auditor, the Board of Directors must fill it within 30 days. The appointment made by the Board needs to be approved in a general meeting convened within three months from the date of the Board's recommendation.
Board meeting: At a duly convened board meeting, the board of directors must approve the appointment of a director in case of a casual vacancy as per Sections 161(4) and 173 along with Secretarial Standards-I.
Section 152(2) of the Act provides that Directors can only be appointed by the Company in a general meeting. Section 161(4) provides for filling up of a casual vacancy by the Board of Director.
The principal types are: Executive Directors. Non-Executive Directors. Independent Directors. Step 1: Reviewing the Articles of Association (AOA) ... Step 2: Resolution at a General Meeting. Step 3: Application for DIN and DSC. Step 4: Obtaining Director's Consent (Form DIR-2) ... Step 5: Issuing the Letter of Appointment.
As per Section 161(4),If the office of any director appointed by the company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may be filled by the Board of Directors at a meeting of the Board, which shall be approved by members in the next general ...
Casual vacancy of the auditor due to Resignation: If casual vacancy is arising due to the resignation of auditor, it shall be filled within 30 days by the Board of directors, and the appointment made by the Board shall be approved in a general meeting convened within 3 months from the date of recommendation of the ...