Appointment as a director who has completed 70 years of age

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 August 2011 Dear Professionals

Please advise on the following:

Kindly provide the format of a Resolution for appointing a person who have have completed 70 years of age. Also please confirm it is necessary to mention in the Special Resolution his age and when he has completed the same.

I have checked the Resolution on this site for this but there is no information of completion of age of 70 years in the Resolution.

Thanks

RG - A Helping Hand

RG - A Helping Hand (Expert)
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25 August 2011 u may use any board resolution for his appointment and there is no need to mention that his age is 70 years.

There is no age restriction for dir appointment except appointment of MD or WTD in a public company.

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Querist : Anonymous

Querist : Anonymous (Querist)

26 August 2011 Dear Sir

Thanks, as I am handling the Company Secretarial matters please advise:

ours is the Public Limited Company and one Director is above 70 years and other is below 25(its a actual fact), respectively we we would like to appoint them as a MD and WTD.

Please confirm in our case is it necessary to mention their age in the Special Resolution or any Resolution (SR) for this case will do.

Thanks again

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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14 July 2024 Certainly! When appointing a person who has completed 70 years of age as a director, there are specific considerations and requirements that need to be addressed in the resolution. Here’s how you can structure the resolution and what information should be included:

### Format of Resolution for Appointment of Director Who Has Completed 70 Years of Age

#### [Company Name]

### Resolution for Appointment of Director

**Date: [Date of the Meeting]**

**Present:**
[Names of the Directors Present]

**Whereas:**
1. The Board of Directors of [Company Name] has considered the proposal to appoint [Name of the Director], who has completed 70 years of age, as a Director of the Company.

2. The Board has reviewed the qualifications, experience, and expertise of [Name of the Director] and is satisfied that his/her appointment will be beneficial to the Company.

3. The Board has noted that as per the provisions of the Companies Act, [Year], and the Articles of Association of the Company, the appointment of a director who has attained the age of 70 years requires a special resolution of the shareholders.

**Resolved:**
1. That pursuant to Section [mention relevant section] of the Companies Act, [Year], and Article [mention relevant article] of the Articles of Association of the Company, the appointment of [Name of the Director], who has completed 70 years of age, as a Director of the Company, be and is hereby approved.

2. That the terms and conditions of appointment, including remuneration, if any, be finalized and approved by the Board of Directors.

3. That [Name of the Director] be and is hereby authorized to sign all necessary documents and forms and to take all actions necessary to give effect to this resolution.

**Further Resolved:**
1. That the Board of Directors be and is hereby authorized to do all such acts, deeds, matters, and things as it may, in its absolute discretion, deem necessary or desirable to give effect to this resolution.

**Signature:**
[Signature of the Chairman/Managing Director]

**Date:**
[Date of the Resolution]

### Important Points to Consider:

- **Special Resolution Requirement:** It's crucial to mention in the resolution that the appointment of a director who has completed 70 years of age requires a special resolution as per the Companies Act and your company's Articles of Association.

- **Age Mention in Resolution:** While the exact age of the director may not need to be specified in the resolution, it’s important to state that the director has completed 70 years of age to comply with statutory requirements.

- **Documentation:** Ensure that all relevant documents, including the director’s consent to act as a director, are in place and attached to the resolution.

### Conclusion:

By following this format, you can effectively draft a resolution for the appointment of a director who has completed 70 years of age. It’s advisable to have legal counsel review the resolution to ensure compliance with applicable laws and regulations.

If you have any further questions or need clarification on specific points, feel free to ask.

Best regards,

[Your Name]
[Your Position]
[Company Name]
[Contact Information]