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Question regarding alternate director

vikash gupta (Students) (40 Points)

15 May 2016

Whether a alternate direcor may appoint in more than one company or not? Sir pls tell me about this my problem, Since it is not mentioned in the act anywhere only mentioned that he cannot be appointed as an alternate direcor, if he already holds any alternate directorship for any other director in the co.

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9 Replies

Jatin Bajaj (CS) (2930 Points)
Replied 15 May 2016

Alternate Director can be appointed as the Director in other Company as the orignal Director but as per section 161 (2), he cannot be the alternate Director for any other director in the Company

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vikash gupta (Students) (40 Points)
Replied 15 May 2016

Here " in the company means same company or any other company also."

Jatin Bajaj (CS) (2930 Points)
Replied 15 May 2016

As per the interpretation of section 161 (2), the Company means the same Company.

vikash gupta (Students) (40 Points)
Replied 15 May 2016

It means he can hold alternate directorship in other company also in place Of other director

Jatin Bajaj (CS) (2930 Points)
Replied 15 May 2016

Yes, he can hold the alternate Directorship in other Company in place of orignal Director.

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vikash gupta (Students) (40 Points)
Replied 15 May 2016

Now my question turns

In how many company he may hold alternate directorship

Jatin Bajaj (CS) (2930 Points)
Replied 15 May 2016

According to section 165 , a Person cannot be appointed as the director including Alternate Director in more than 20 Companies at the same time out of which 10 should be public Company.

For calculating the limit of Public Company, Private Company which are holding or subsidiary Company shall be included.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 16 May 2016

Further to add in the above discussion:

A person may be appointed as Alternate Director in addition to his other directorship in othe Companies subject to the limits of 20 as per section 165.