What will Happen if a Person Disqualified u/s 274 is named in the articles as first Director? Will he be appointed?
Ashish Ojha (Chartered Accountant) (469 Points)
01 June 2010What will Happen if a Person Disqualified u/s 274 is named in the articles as first Director? Will he be appointed?
CA Anshu Agarwal
(B€ @LW@¥$ ]-[@Pp¥)
(1832 Points)
Replied 01 June 2010
disqualification mentioned u/s 274 are applicable to the subsqunt directors as well as first directors.
so, if the person mentioned in articles or subscriber to the memorandum is disqualifeid u/s 274, he shall not be appointed as director.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 01 June 2010
No. Appointment of such person is not possible in a public company. Appointment as a first director can not be considered as an exception to section 274.
Thanks
CA VINAY BANSAL
(In job with KPMG)
(289 Points)
Replied 01 June 2010
the director will be deemed as not appointed since beginning and then, the directors are to be appointed int he general meeting.
CA Anshu Agarwal
(B€ @LW@¥$ ]-[@Pp¥)
(1832 Points)
Replied 01 June 2010
| Originally posted by : Ankur Garg | ||
 |
No. Appointment of such person is not possible in a public company. Appointment as a first director can not be considered as an exception to section 274. Thanks |
 |
NO person disqualified u/s 274(1) except 274(1)(g), can be appointed as director in public company as well as private company....
[this is to the best of my understanding]
Hiral
(Student)
(37 Points)
Replied 01 June 2010
Any director whether first director or subsequent director cannot be appointed as director if he is disqualified by law as prescribed in section 274
Hiral
(Student)
(37 Points)
Replied 01 June 2010
Any director whether first director or subsequent director cannot be appointed as director if he is disqualified by law as prescribed in section 274
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