Kumar Gaurav
(Company Secretary)
(58 Points)
Replied 08 September 2012
Additional Director are not included for calculating director retire by rotation. The expression director retire by rotation refers to only those those diretor who have been appointed in general meeting and retiring. Section 257 also implied for Additional Director not for retiring Director. Its a Department Clarification.
Neha Jain
(Asst CS)
(37 Points)
Replied 19 June 2014
Hello Everyone,
I think we should open this discussion again as per provision of Companies Act 2013 .
Can anybody tell me the calculation for retire by rotation of director with considering Additional Director, Independent Director, Shareholder Director ???
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 19 June 2014
There is not much change in this provision except the fact that Independent Director shall not be counted in total strength of Board for calculating 2/3 rotational director. I think rest is same.
Thanks
Neha Jain
(Asst CS)
(37 Points)
Replied 19 June 2014
Yess I am completly agree with you Sir.
But My query is if total number of Director is 8 out of which one is MD (not liable to retire by rotation) and one is Joint MD and two directors are Independent Director and two are Additional Director who going to be ID in this AGM then how we calculate the number of Director retire in this AGM ??
Khushboo Maheshwari
(Company Secretary)
(548 Points)
Replied 10 July 2014
Even I want to discuss this section. My situation is similar to Neha's. We have one MD (Non rotational), 5 Independent Directors, 3 Additional Directors and 1 Normal Director. In this situation will retiring this normal director a sufficient compliance as per CA 2013?
CAclubindia
