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[Cites 0, Cited by 0] [Section 152(7)] [Section 152] [Entire Act]

Union of India - Subsection

Section 152(7)(b) in The Companies Act, 2013

(b)If at the adjourned meeting also, the vacancy 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 re-appointed at the adjourned meeting, unless—
(i)at that meeting or at the previous meeting a resolution for the re-appointment 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 re-appointed;
(iii)he is not qualified or is disqualified for appointment;
(iv)a resolution, whether special or ordinary, is required for his appointment or re-appointment by virtue of any provisions of this Act; or
(v)section 162 is applicable to the case.