Home |Company Registration | If there are 2 director in Pvt Ltd company and 1 director resign by himself by filling dir11 then within how many days company (remaining director) have to find another director to satisfy minimum 2 directors for Pvt Ltd company?

If there are 2 director in Pvt Ltd company and 1 director resign by himself by filling dir11 then within how many days company (remaining director) have to find another director to satisfy minimum 2 directors for Pvt Ltd company?

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B Samrish & Co. Company Secretaries B Samrish & Co. Company Secretaries, www.bsamrishindia.com verified
Answered on December 21,2021

The Company can refer Section 174(2) of the Companies Act, 2013 and it’s Articles of Association for the remedy. Section 174(2) provides if the number of directors falls below the quorum then the continuing directors:

  • may appoint a director in the meeting for increasing the number of directors to that fixed for the quorum or
  • Summon a general meeting of the company to appoint a director and for no other purpose.

Clause 69 of Table F provides that if the number of directors falls below the quorum fixed by the Act, the remaining directors can, for increasing the number of directors to that fixed quorum, summon a General Meeting of the Company. Hence, it is advisable to appoint another director before transacting any other business. To know more please visit our blog -  All Directors Resigned; What to do?

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