what is the defination of total no. directors for the purpose of sec 265???????
palak
(cs)
(385 Points)
Replied 14 April 2010
CourseCart.in
(Mentor at SHAYVIDZ Academy)
(3756 Points)
Replied 15 April 2010
Still the query is not resolved.
I think, abhijeet want to ask that
if AOA provides maximum no. of directors 11 & company appoints 6 directos only (other 5 post are still not used by the company), then what will be the TOTAL NUMBER OF DIRECTORS for the purpose of Sec265? 2/3rd of 11 or 2/3 of 6?
In my opinion 2/3rd of 6 i.e. Total Number of Directors what will constitute board of directors after such appointment.
Views of other members shud also be solicited.
abhijeet
(student)
(59 Points)
Replied 15 April 2010
i mean which all director are excluded for the purpose of calculating 2/3 of total no. of director.
1. nominee director appointed by Central govt u/s 408
2.nomiee director appointed under any statutory act
3. alternate director
apart from this any other directors should b excluded or not
CourseCart.in
(Mentor at SHAYVIDZ Academy)
(3756 Points)
Replied 16 April 2010
I am not sure for exclusion of above mentioned directors for calculating total number of directors for the purpose of Sec 265.
but according to me, the directors who are appointed under specific requirement of law like directors u/s 408 etc should be excluded. because the same is appointed for sepcific object under that section which is of the very different nature & purpose.
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