164(2) disqualification of directors
Ankit Kabra (student) (24 Points)
28 March 2020
can anyone pls explain that whether 164(2) disqualification is applicable to nominee director or not?
5 Replies
Eswar Reddy S
(CFO- at NHTF)
(58270 Points)
Replied 28 March 2020
Disqualification Applicable to nominee Director as well
Jatin Bajaj
(CS)
(2930 Points)
Replied 28 March 2020
As per section 2(34) of the Companies Act 2013, Director means any person who is appointed to the Board of Directors of the Company and as per section 164(2), any person who is the Director of the Company who has failed to comply with the provisions of section 164(2) of the Companies Act 2013 is eligible to be disqualified and since nominee directors are the part of Board of Directors of the Company, so disqualification shall apply to nominee director as well
Ankit Kabra
(student)
(24 Points)
Replied 28 March 2020
Is there any MCA clarification regarding it?
gopi nadh
(student)
(35 Points)
Replied 10 April 2020
In ICAI they have taken the view nominee director not disqualified under sec 164 2
Akhil paleri
(Practicing Professional)
(22 Points)
Replied 20 December 2020
ICAI creating their own law
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