Director retire by rotation as per section 152 of ca 2013

Page no : 2

saloni (student) (21 Points)
Replied 08 August 2016

sir is der any diff between peroid of office liable for retirement and retirement of director

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abbasali (professional) (22 Points)
Replied 31 August 2016

query:-

in case private company only two director, so section 152 retirement is applicable ????

how to deal with ? if any

abbasali (professional) (22 Points)
Replied 31 August 2016

as per my understanding Independent Director can be retired because in section 152 (6)(a) "Unless the articles provide for the retirement of all directors at every annual general meeting" so we can say that every director can be retired if article provided. let's considered other views

Shuvam Gupta (3 Points)
Replied 20 May 2017

As per section 152 other directors than independent directors must retire at AGM but you have a contract between managing director as they canot be retired by rotation. Doing this agreement or mentioning in its AOA is just overwriting the laws of companies act 2013 which is not allowed , as company law cannot be overwrite by aoa or an agreement

Jay dedhia (efg) (6 Points)
Replied 22 June 2017

.In case a public company has three directors. Out of three directors 1 director is an independent director whose office is not liable to retire by rotation, 1 director is a managing director appointed for a fixed term and 1 is the promoter director/ director appointed pursuant to share purchase agreement/ nominee director etc. whose office also is not liable to retirement by rotation. How can such a company ensure the compliance of section 152 (6) and (7)?

Ans. In such situations it is advised that companies appoint such number of nonexecutive directors whose office is liable to retire by rotation and thereby ensure compliance of Section 152(6) and (7).