calculation under 255, 256

Page no : 2

CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)
Replied 20 October 2015

Originally posted by : C.A Alok Mukherjee

Hellow,

 

I have a question if you read section 256(2) the persons who have become directors on the same day are to retire shall in default of and subject to any agreement be determined by lot. Here the question is dermination "by lot" in what form ? Whether it is  in form of lottery or by show of hands or poll?

It can be choosen may be as lottery.


varun (Finance Professional) (23 Points)
Replied 23 October 2015


varun (Finance Professional) (23 Points)
Replied 23 October 2015

thank you sirji , i agree that independent director is not included for calculating total number of directors.  so as per explanation only independent director are not taken into consideration while calculting director by rotation but explanation is silent about Additional Director. moreover Additional director appointed by board hold directorship upto ensuing AGM and they can be regularise as director retire by rotation in ensuing AGM. calculating as per section 152 2/3rd of total number of directors should we include additional director in total number of director. if i change slightly question put by ankur sir out of 9 directors 1 is MD and 3 are additional Directors what would be your answer with respect to it.



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