Can minor be a director

This query is : Resolved 

14 April 2012 Can minor be a director of a Pvt.Ltd.co.

14 April 2012 Hi

No he will not be appoint as director, because the DIN will not be allowed to allot a minor. Please read instruction kit of Form-32.

Regards

14 April 2012 Minor cannot be a director in a Company. When any person is appointed in the capacity of director not only Companies Act but the provisions of other Laws and Act must also be taken into consideration .When a minor himself cannot enter into a contract,the directorship of minor is of no use where he has to perform certain work personally. For this reason a minor cannot be a director.

Apart from this check out the help file of eform 32 where it is clearly mentioned that

"Age of the appointee cannot be less than eighteen years."

14 April 2012 Techincally, there is no bar on a minor to become a director of a company. However, as explained by Mr. Ajay, MCA will not allow u to file Form 32 with age of director less than 18 years.
Also, now DIN is mandatory for all directors and minors are not eligible for applying DIN.
Hence, guidance can be derived in indirect way that minor cannot be appointed as a director.

14 April 2012 YES AGREE WITH ABOVE..
DIN IS MANDATORY FOR ALL DIRECTORS AND MINOR ARE NOT ELIGIBLE FOR APPLYING DIN.

14 April 2012 Agree with experts.

Minor can’t become director, because he cant apply for DIN (That's totally wrong Perception).



Real Logic behind the same is as follows:



Minor is unable to enter into contract and Business is such situation, where you have to do daily hundreds of Contract either orally or written.

And as others cant bind Minor, he can not become director of company.

14 April 2012 Thanks to all Experts,for comments & discussions on this matter.


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