Shubham Deshpande (49 Points)
12 July 2021
Deepa B
(Practicing Chartered Accountant )
(573 Points)
Replied 13 July 2021
Yes. He can become a director in a company provided he meets the eligibility criterions stated in section 164 of The Companies Act, 2013 and not covered under disqualifications stated in the said section. Because being an elected representative doesn't count as a criteria for disqualification as per the Act.
Deepa B
(Practicing Chartered Accountant )
(573 Points)
Replied 14 July 2021
Agreed. Having said that if we look at Section 164(1) it starts with "A person shall not be eligible for appointment as a director of a company, if-". Hence I believe it's a reasonable interpretation to assume that it lists out the eligibility criterions in a negative way. But while doing one has to be aware that the said list in itself, is not exhaustive in nature.
Shubham Deshpande
(49 Points)
Replied 15 July 2021
Deepa B
(Practicing Chartered Accountant )
(573 Points)
Replied 15 July 2021
Every state has different panchayat rules. One has to check in the respective state panchayat rules, the provisions related to disqualification of a member to arrive at a proper conclusion. Our opinions were purely from the perspective of the Companies Act 2013.
Not 100% sure on this. But I believe a full time government employee can become only a non-executive director. And also he might not be allowed to be a director in a company in which government has a stake of 25% or more.
CS Divesh Goyal
(Practicing Compnay Secretary)
(50535 Points)
Replied 21 July 2021
There is no issue. He is allowed to appoint as director as per companies act.
CAclubindia
