Affluence Advisory
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Appointment of Director Other than Retiring Director The appointment of directors is a critical aspect of corporate governance, ensuring that Companies have competent leadership to guide their operations. Section 160 of the Companies Act, 2013, provides the framework for appointing directors other
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FAQ :
Section 160 of the Companies Act, 2013, provides the framework for appointing directors other than those who are retiring by rotation, ensuring transparency and fairness in the process.
A member of the company can propose the appointment of a person as a director, provided the candidate gives their consent to act if appointed.
The candidate must not be disqualified under Section 164, meet qualifications in the Articles of Association, possess a valid Director Identification Number (DIN), and provide consent.
The proposing member must submit a written notice of candidature to the company's registered office at least 14 days before the general meeting.
Yes, the notice must be accompanied by a deposit of INR 1,00,000, which is refundable if the candidate secures more than 25% of the valid votes cast.
Section 160 does not apply to Private Companies, Section 8 Companies (unless their articles state otherwise), and Government Companies.
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