Appointment of minor as a director

DEAR EXPERTS,

                            CAN A MINOR BECOME DIRECTOR OF A COMPANY ( PRIVATE OR PUBLIC) OR CAN HE ENTER INTO CONTRACT WITH A COMPANY.

REGARDS..

TANVEER

Practically not possible because for becoming a director he require to take DIN  and DIN is avalable to major only..so Minor can not apply for DIN so he can't become director...

In Compnies act there is no restriction on minor specifically ...but as he can attain DIN so not eligible for Directorship....

co. act does not prohibit any minor to be a director but every director have to obtain din number but minor is not eligible to get din number.

so minor cant be a director.

As per Contract Act, any contract made with minor is Void-ab-initio.

So, he cannot enter in to contract with anybody.

Dear Tanveer,

In addition to the disqualifications specified in sub-section (1) of Section 274 of The Companies Act, 1956, there is another disqualification, :

The person should not be a minor or under any other disability but should be one competent to contract.

In the case of a minor, though there is no provision in the Act, expressly disqualifying him, as he is not competent to contract, he cannot file either with the company or with the Registrar any valid consent to act as director, as required by section 264. But, as section 264 applies only to public companies and private companies which are their subsidiaries, there is nothing prohibiting a minor being a director of private companies.

But from a practical point of view, a minor can only be an ornamental director as he cannot be party to any transaction which requires competency to contract nor for the same reason can be delegated with any powers of the Board. He may possibly vote on all resolutions at Board meetings.

This is the answer to your question Tanveer...

Regards,

Veeral Gandhi

As said by tanveer there is no specific exclusion from minor being appointed as director.But a person can be appointed as director only after obtaining DIN.Minor is not eligible to obtain DIN. so he cannot be elected as director.

THANKS EXPERT... APART FROM DIN WHAT I THINK IS MORE IMPORTANT IS THAT A MINOR'S APPOINTMENT IS AFFECTED BY SEC.274 (1) WHEREIN IT HAS BEEN CLEARLY STATED THAT HE CANNOT BECOME A DIRECTOR OF A COMPY AT LEAST A PUBLIC LT. CO. HE CAN UTMOST BE APPOINTED AS A DIRECTOR OF A PRIVATE COMPANY SINCE THERE IS NO NEED TO FILE CONSENT WITH THE ROC . 

REGARDS..

TANVEER.

YESSSSSSSSSSSSSSSSSSSSSSSSSSSS

Yes  Dear Tanveer,,

Mr. Veeral Gandhi correctly said the actual provisions, reasons and facts.......  

Originally posted by : Veeral Gandhi
	But, as section 264 applies only to public companies and private companies which are their subsidiaries, there is nothing prohibiting a minor being a director of private companies.

Here I disagree with Mr. Veeral Gandhi ji.

The reason why only a responsible individual should be a director is pointed out by Supreme Court in Oriental Metal pressing Works private limited Vs. Bhasker Kashinath Thakoor.

According to Supreme Court the office of a director is to some extent an office of trust and there should be somebody available on whom responsibility could be fixed. Fixing such responsibility might be difficult if the director is a Minor or corporation or an association or firm.

Hence in view of the decision of Supreme court a Minor cannot be appointed as director of the company (both public and private)