Live Course on Drafting of Appeal and Reply of Penalty Notice by CA Sachin Sinha. Register Now!!

Appointment of women director

Sanjay (Associate) (152 Points)

20 July 2017

A company is having 1 Women Director on board, however she is a nominee director. Whether company is said to be complied with minimum 1 women director on Board

Reply
Follow
Share

3 Replies

Sudhir Todkar (CS Professional) (1021 Points)
Replied 21 July 2017

No, We should either treat her as a women director or nominee director.

If she is appointed as a MD or WTD then we can say it as complied with the act.

Pritam Banerjee (30 Points)
Replied 22 July 2017

No, the company is not in compliance with section 149(1) Which signifies that a company which is required to appoint a Woman Director on Board need to appoint the same but if the Director is a Nominee Director, then she wont be pronounced to be a Women Director been appointed on Board by the virtue of the above maintained section. In order to be a Women Director in compliance with the CA 2013 she can be appointed as :
1. Managing Director
2. Executive Director
3. Whole time Director.

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 22 July 2017

I do not agree to the views of my friends here. Sec.149(1) read with Rule 3 simply requires that in case of certain companies there should be a woman director on the Board. No condition has been prescribed for that. Hence so long as there is a woman director, compliance has been made. There is no requirement that certain companies must have nominee directors. Further, there is also no requirement that the woman director must be MD or ED or WTD.

1 Like