Can minor be a director
This query is : Resolved
M.K.AGGARWAL
(Querist)
14 April 2012
Can minor be a director of a Pvt.Ltd.co.
Ajay Mishra
(Expert)
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
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."
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."
CA Kishore Tallam
(Expert)
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.
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.
CA PRAVEEN SINGH
(Expert)
14 April 2012
YES AGREE WITH ABOVE..
DIN IS MANDATORY FOR ALL DIRECTORS AND MINOR ARE NOT ELIGIBLE FOR APPLYING DIN.
DIN IS MANDATORY FOR ALL DIRECTORS AND MINOR ARE NOT ELIGIBLE FOR APPLYING DIN.
Ankur Garg
(Expert)
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.
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.
M.K.AGGARWAL
(Querist)
14 April 2012
Thanks to all Experts,for comments & discussions on this matter.
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