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directorship
Mr a is the director in ABC limited. amended article of ABC limited shows that after the death of Mr a, his son will be appointed as a director subject to qualifications of directorship. Mr a died and his sons gets all the qualifications of directorship. so this is viable under companies act 2013…?
Replies (4)
No Mr. Nikunj.
It is not viable under companies act, 2013 as it would lead to overriding of act.Anything written in memorandum can not make appointment legal..so it will not be allowed
It is not viable under companies act, 2013 as it would lead to overriding of act.Anything written in memorandum can not make appointment legal..so it will not be allowed
I agree with Tarun bhai. Directorship can not be obtained by way of succession. Director can only be appointed by way of following provisions of Companies Act.
He has to be appointed by way of Resolution.
Firstly his son has to fulfil the criteria of additional director as per section 161 (1) and such a director can be appointed in a Board Meeting by passing Board Resolution and regularize in Coming AGM.
SO, he Could not be appointed by the way of Succession. Such aperson can be appointed by fulfilling the criteria under the Companies Act 2013
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