Director Disqualification Period
Sudhir Todkar (CS Professional) (1021 Points)
04 July 2017Whether he disqualify in that company only or in all Company in which he is a director ?
For how many period he stands so disqualify ?
Thank You
Sudhir Todkar (CS Professional) (1021 Points)
04 July 2017
Karan Batra
(Creator: TheProTalks)
(2325 Points)
Replied 05 July 2017
Have a look at the following which has been taken from Section 164,
“Sec 164-Disqualifications of directors
A person shall not be eligible for appointment as a director of a company, if —
(e) -
(f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call; (g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or (
(2) No person who is or has been a director of a company which—
(a) -
(b) -
shall not be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.”
After going through the above provisions you would be able to understand that section 164(1) and 164(2) are independent and the provisions of
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 05 July 2017
CS Nisha Nishit
(Practicing Company Secretary)
(326 Points)
Replied 05 July 2017
Hello Sudhir,
If the director fails to pay any calls in respect of any shares of the company held by him and six months have lapsed from due date, then he needs to vacant the office of directorship from all Companies (Section 167(1)).
If he is not vacating the office of directoship after disqualifiying as per Section 164(1), it will attract penal provisions precribed in Section 167(2).
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 05 July 2017
CS Nisha Nishit
(Practicing Company Secretary)
(326 Points)
Replied 05 July 2017
Yes he needs to vacate from all companies.
Karan Batra
(Creator: TheProTalks)
(2325 Points)
Replied 06 July 2017
Hi Nisha
Can you substantiate your answer, There is no such mention in the act or the rules or what I have seen practically on section 164(1) and what you are saying applies in case of section 164(2).
Pankaj Madaan
(CS trainee)
(28 Points)
Replied 06 July 2017
Section 164(1) deals with disqualification of director....If he has not paid any call on shares and six months have elapsed from due date then he is disqualified from all companies....because section 164 (1) doesn't deal with particular copmpany
CS Nisha Nishit
(Practicing Company Secretary)
(326 Points)
Replied 06 July 2017
Hello Karanbatra,
Section 164(1) only describes the criteria for disqualification for appointing as a Director in any company.
If the disqualification criteria is attracted while functioning as director, then we are required to read Section 167(1) & (2) Vacation of Director.
Let me reproduce the section for your reference :
Section 167
(1) The office of a director shall become vacant in case—
(a) he incurs any of the disqualifications specified in section 164; ...........................................................................company.
(2) If a person, functions as a director even when he knows that the office of director held by him has become vacant on account of any of the disqualifications specified in subsection (1), he shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 06 July 2017
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 06 July 2017
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 06 July 2017