Under section 274 1(g) of company's law a director is disqualified from appointment or reappointment in public company other than the company in which he becomes disqualified according to ICAI.But my query is that he should also not be appointed or reappointed in the company in which he/she becomes disqualified.plz suggest me answer for examination purpose.
4 Replies
Aman Sharma
(Student CA Final )
(73 Points)
Replied 05 March 2013
A director is diqualified only if he attracts conditions prescribed by company law. By virtue of company law he is not disqualified from being director in other company, except for some specified cases. Read company audit CA-final & IPCC.
POOJA
(ARTICLE ASSISTANT)
(169 Points)
Replied 05 March 2013
BUT WHEN DIRECTOR DISQUALIFY BY HITTING CONDITION PRESCRIBED BY COMPANY LAW,WHY HE IS NOT DISQUALIFIED FOR APPOINTMENT /REAPPOINTMENT IN THE COMPANY IN WHICH HE ATTRACTS THE CONDITIONS OF DISQUALIFICATION.
Aman Sharma
(Student CA Final )
(73 Points)
Replied 06 March 2013
If the disqualification is of temporary nature..say due to no. of directorship exceeding the required limit....but if he is no longer continues to be the director a company he becomes eligible for appointment/reappointment as a director where he was earlier disqualified...
It actually depends on the nature of disqualification attracted by the director.
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