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Section 208. Vacation of office of director

(1) The office of a director of a company shall be vacated if the person holding that office—

 \(a\) resigns in accordance with _subsection \(2\)_;

 \(b\) has retired in accordance with this Act or the constitution of the company but is not re-elected;

 \(c\) is removed from office in accordance with this Act or the constitution of the company;

 \(d\) becomes disqualified from being a director under [section 198](section-198.-persons-disqualified-from-being-a-director.md) or [199](section-199.-power-of-court-to-disqualify-persons-from-acting-as-director-or-promoter.md);

 \(e\) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way  
 under the Mental Health Act 2001 \[Act 615\];

 \(f\) dies; or

 \(g\) otherwise vacates his office in accordance with the constitution of the company.

(2) Subject to subsection 196(3) and section 209, a director may resign his office by giving a written notice to the company at its registered office.

(3) A notice under subsection (2) shall be effective when it is delivered at the address of the registered office or at a later date specified in the notice.

(4) If a vacancy is created resulting from circumstances referred to in subsection (1), the Board shall have the power, at any time, to appoint any person to be a director to fill such casual vacancy and the director so appointed shall hold office—

 \(a\) in the case of a public company, until the next annual general meeting; or

 \(b\) in the case of a private company, in accordance with the terms of appointment.