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Section 152(7)(a) of Companies Act, 2013 provides for automatic re-appointment of a retiring director subject to certain conditions. It is a replica of earlier Section 256(4) of the Companies Act, 1956. What happens if the resolution for re-appointment of retiring Director is put to vote and is defeated meaning votes cast against exceeds votes for the Resolution. No other Director is appointed in the place of retiring director nor the meeting has expressly resolved not to fill the vacancy nor the meeting is adjourned. Kindly considering the above facts and advise, whether the retiring director deemed to have been re-appointed in this case.

Section 152- Appointment of directors.

Posted By: Satish 10 year(s) ago

This question has been closed if you want to answer,you have to re-open.


Expert    Ankit Singhi

when the resolution for re-appointing him as director has failed then he cannot be appointed as director

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