Section 256(4)(b) in The Companies Act, 1956

[Cites 0, Cited by 7] [Section 256(4)] [Section 256] [Entire Act]

Union of India - Subsection

Section 256(4)(b) in The Companies Act, 1956

(b)If at the adjourned meeting also, the place of the retiring Director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring Director shall be deemed to have been reappointed at the adjourned meeting, unless-

(i)at that meeting or at the previous meeting a resolution for the reappointment of such Director has been put to the meeting and lost;

(ii)the retiring Director has, by a notice in writing addressed to the company or its Board of Directors, expressed his unwillingness to be so reappointed;

(iii)he is not qualified or is disqualified for appointment;

(iv)a resolution, whether special or ordinary, is required for his appointment or reappointment in virtue of any provisions of this Act; or

(v)the proviso to sub-section (2) of section 263 [* * *] is applicable to the case.

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Union of India - Subsection

Section 256(4)(b) in The Companies Act, 1956