Pankaj Sachar (CA Practice ) (44 Points)
15 April 2009
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 15 April 2009
Dear Pankaj,
Kindly explain how can you say that such person is not resident in India as company law is silent about definition of resident in India. As far as explanation of clause (e) of Sch XIII is concerned it does not provide the definition of a person Resident in India.
If there is any definition in companies act, 1956 then please mention to proceed further in your query.
and i think use of Income Tax definition is also not a good idea in company law.
Regards
Pankaj Sachar
(CA Practice )
(44 Points)
Replied 15 April 2009
My understanding is as follows:
Schedule XIII says about resident in India. A person can be citizen of India but not the resident and vice -versa.
As per Schedule XIII person needs to be resident of India and not citizent of India for being appointed on the manegerial position.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 15 April 2009
Dear Friend i agree with you that as per Sch XIII person needs to be Resident of India. But still i do not understand on what basis you are saying that he is not a resident as per number of days / months condition Please tell where in company law such number of days/months condition specified for determining the status of a person.
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