Yashodhan Goenka (Proprietor & Pursuing CA Final) (49 Points)
05 April 2018Hello, this is urgent! Preppring for May 18 CA Final
If a company has appointed 12 directors out of which 8 are rotational (2/3rd) - it wants to appoint 3 More additional directors u/s 161(1) - Does compliance of Sec 152(6) have to be checked?
Are Additional directors counted towards Total number of Directors u/s 161(1)??
So will the Co. need to have 15*2/3 = 10 Rotational Directors? Or can the 3 Additonal be appointed without giving any reference to Sec 152(6)?
Divakar
(Student CA Final )
(11857 Points)
Replied 05 April 2018
Yashodhan Goenka
(Proprietor & Pursuing CA Final)
(49 Points)
Replied 05 April 2018
Divakar
(Student CA Final )
(11857 Points)
Replied 05 April 2018
Divakar
(Student CA Final )
(11857 Points)
Replied 05 April 2018
Yashodhan Goenka
(Proprietor & Pursuing CA Final)
(49 Points)
Replied 07 April 2018
Divakar
(Student CA Final )
(11857 Points)
Replied 07 April 2018
harsh patel
(Student CA IPC / IPCC)
(35 Points)
Replied 05 April 2018
Ankita Panwar
(59 Points)
Replied 30 January 2019
umesh vyas
(B.Com., LL.B., A.C.S. )
(210 Points)
Replied 06 February 2019
Hi,
Section 161{4}
“(4) In the case of a public company, if the office of any director appointed by the company in general meeting is vacated before his term of office expires in the normal course, the resulting casual vacancy may, in default of and subject to any regulations in the articles of the company, be filled by the Board of Directors at a meeting of the Board:
Provided that any person so appointed shall hold office only up to the date up to which the director in whose place he is appointed would have held office if it had not been vacated.”
Therefore if the director appointed by way of filling casual vacancy is appointed in place of Original Director by whose casualty the vacancy is creates was liable to retire by rotation, the former is also liable to retire by rotation.
Ram Jangir
(4 Points)
Replied 05 January 2020
Section 152(6)- Retirement of Director by Rotation say that" A person liable to retire by Rotation must be appointed by the Company in General Meeting i.e. appointed by the Member of the Company.
And as we know that Additional Director/s are appointed by Board and not by member.
Therefore it is crystal clear that Additional Director shall not be counted for Total No. Of Rotational Directors.
Ram Jangir
(4 Points)
Replied 05 January 2020
Section 152(6)- Retirement of Director by Rotation say that" A person liable to retire by Rotation must be appointed by the Company in General Meeting i.e. appointed by the Member of the Company.
And as we know that Additional Director/s are appointed by Board and not by member.
Therefore it is crystal clear that Additional Director shall not be counted for Total No. Of Rotational Directors.
Avinash
(CA Article)
(22 Points)
Replied 11 May 2020
rajesh
(student)
(24 Points)
Replied 12 October 2021
As per sec 152(6) the term "total no. of directors" shall not include Independent directors and nominee directors.
rajesh
(student)
(24 Points)
Replied 12 October 2021
As per sec 152(6) the term "total no. of directors" shall not include Independent directors and nominee directors.
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