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NON EXECUTIVE DIRECTORS

DR GAURAV GUPTA FCA, FCS, LL.B (COMPANY SECRETARY) (1046 Points)

26 March 2009

CAN WE APPOINT ALL DIRECTORS AS NON EXECUTIVE IF YES THEN HOW THE QUORUM WILL BE FORMED

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4 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 26 March 2009

Hi Gaurav,

First let me tell you that there is no connectivity between Quorum u/s 287 and status of dir. whether he is a executive or non-executive dir.

If he is interested dir u/s 299 then he can not be considered for quorum as desired by sec 300.

Yes, all the directors of the comapny may be non-executive dir. and may also form quorum subject to the provisions of section 299 & 300.

****Normally WTD and a dir drawing salary are considered as executive director. Promoters of the company are not executive director automatically.

Best Regards_Ankur

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Rekha Sharma (Company Secretary) (167 Points)
Replied 01 April 2009

Originally posted by :Ankur Garg

Hi Gaurav,
First let me tell you that there is no connectivity between Quorum u/s 287 and status of dir. whether he is a executive or non-executive dir.
If he is interested dir u/s 299 then he can not be considered for quorum as desired by sec 300.
Yes, all the directors of the comapny may be non-executive dir. and may also form quorum subject to the provisions of section 299 & 300.
****Normally WTD and a dir drawing salary are considered as executive director. Promoters of the company are not executive director automatically.
Best Regards_Ankur

I agee with you

Rekha Sharma (Company Secretary) (167 Points)
Replied 01 April 2009

I AGREE WITH YOU

gourav (student) (113 Points)
Replied 02 April 2009

I am also agree with above views provided you are not talking about listed company bcoz listing agreement (clause 49) will be voilated in that case........