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Discussion > Students > Final >

RTP Law May 12 CA Finals

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23

[ Scorecard : 238]
Posted On 04 April 2012 at 18:18 Report Abuse

Hey frds dont u think Q.5 on sec 274(1)(g) is wrong

director can not be reappointed in both default n any other public co.

 



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$ Pillu $
**Love - Live**

[ Scorecard : 451]
Posted On 04 April 2012 at 18:33

Director disqualified u/s 274 1(g) is not eligible to be reappointed in the defaulting company also.

But the suggested answers of icai published by icai state that a director disqualified u/s274 (1) g shall not be disqualifed for reappointment in the defaulting company.

So better to go as per RTP/ suggested answers.

Moreover apun ko kya karna hai...we are interested in marks...

 



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sneha lakhotia
23

[ Scorecard : 238]
Posted On 04 April 2012 at 18:37

k so u mean to say go as per rtp.... ithink its wrong... want go go with d act... 



Mohd Atir Siddique
Future CA CS

[ Scorecard : 1714]
Posted On 04 April 2012 at 18:37

No,its correct,Companies (Disqualification of Directors under section 274(1)(g) of the Companies Act, 1956) Rules, 2003  have made distinction between ‘disqualifying company’ and ‘appointing company’. A Director is disqualified from being appointed or reappointed in appointing company but he can be reappointed in disqualifying company.



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sneha lakhotia
23

[ Scorecard : 238]
Posted On 04 April 2012 at 18:45

effect of disqualification:

no director can be'

>appointed in any pub co

>reapp any pub co

>reapp defaulting co...

here lotus ltd is defaulti co, sohow can it be reapp



Mohd Atir Siddique
Future CA CS

[ Scorecard : 1714]
Posted On 04 April 2012 at 18:48

I have quoted the rules, I have not interpreted them. This is what the rules say



Mohd Atir Siddique
Future CA CS

[ Scorecard : 1714]
Posted On 04 April 2012 at 18:51



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$ Pillu $
**Love - Live**

[ Scorecard : 451]
Posted On 04 April 2012 at 18:53

Well,

I have not gone through the same section in the act.....

But what i think may be its clashing with the descripttion given in the act....

but Since  we are going  to apply this in our exams......so better to go as per icai and not as per act.....

then only we will get marks....

And when it comes to advising our clients we must go as per the act and not as per the icai....

 



Mohd Atir Siddique
Future CA CS

[ Scorecard : 1714]
Posted On 04 April 2012 at 18:54

Yup,I got confused too and we have to follow these rules now.crying
http://www.nehasinghi.com/archives/disqualification-of-directors-us-2741g
 



$ Pillu $
**Love - Live**

[ Scorecard : 451]
Posted On 04 April 2012 at 18:56

I would like to invite our cci expert member Mr.Ankur garg(sir), the renowned Company secretary to address this issue ASAP.


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