Age Limit for Director
In case of Director other than MD or WTD
The Companies Act, 1956 generally not define the minimum age limit for becoming a director of the company, who is not managing director or whole time director.
A minor is not competent to contract. According to Palmer’s Company Law (para 62-02) “Directors are, in the eye of law, agents of the company for which they act, and the general principles of law of principal and agent regulate in many respects the relationship of the company and its directors”. Under section 184 of the Indian Contract Act, 1872, a person who is not the age of majority can not become an agent. In consequence a minor can not be appointed to an office of director of a company.
In case of MD or WTD
For the appointment of a person as managing director or whole time director, he is required to fulfil the conditions specified in Schedule XIII of the Companies Act, or else take the approval of the Central Government. One of the conditions as per Part I of Schedule XIII is as under:
Managerial person has completed the age of 25 years and has not attained the age of 70 years.
Exception: A special resolution is required for the appointedment of a managerial person if he
(i) Has attained the age of 70 years; or
(ii) Has not completed the age of 25 years, but has attained the age of majority (i.e. 18 years).
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