hiiiiiii
i just want to know that who is not become the director of a company.?
can anyone give me the sec. wise details on it.
thanx in advance
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 September 2009
A person who is disqualified to be appointed as director in terms of section 274 of the companies act, 1956 can not be appointed as diretor of a company.
Section 274 contain disqualification of a director.
Regards
NIDHI DHAWAN
(COMPANY SECRETARY)
(46 Points)
Replied 12 September 2009
Hi u should simply read section 274 ,u will be able to solve ur problem
section 274 says:
DISQUALIFICATIONS OF DIRECTORS.
(1) A person shall not be capable of being appointed director of a company, if -
(a) he has been found to be of unsound mind by a Court of competent jurisdiction and the finding
is in force;
(b) he is an un discharged insolvent;
(c) he has applied to be adjudicated as an insolvent and his application is pending;
(d) he has been convicted by a Court of any offence involving moral turpitude and sentenced in
respect thereof to imprisonment for not less than six months, and a period of five years has not
elapsed from the date of expiry of the sentence;
(e) he has not paid any call in respect of shares of the company held by him, whether alone or
jointly with others, and six months have elapsed from the last day fixed for the payment of the
call; or
(f) an order disqualifying him for appointment as director has been passed by a Court in
pursuance of section 203 and is in force, unless the leave of the Court has been obtained for his
appointment in pursuance of that section.
(2) The Central Government may, by notification in the Official Gazette, remove -
(a) the disqualification incurred by any person in virtue of clause (d) of sub-section (1), either
gradually or in relation to any company or companies specified in the notification; or
(b) the disqualification incurred by any person in virtue of clause (e) of sub-section (1).
(3) A private company which is not a subsidiary of a public company may, by its articles, provide
that a person shall be disqualified for appointment as a director on any grounds in addition to
those specified in sub-section (1).
Manmohan ACA, CS
(Chartered Accountant )
(14243 Points)
Replied 13 September 2009
Further as per section 253 - A director must be an individual (not a body corporate ) and he must have a DIN (Director Identification number)
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