Directors rotation


This query is : Resolved 

06 March 2013 in a company the directors rotate by rotation, but in the notice issued that particular clause was not mentioned that the director rotate and retire. also the articles of the company makes provisions regarding the rotation of directors


whats the position of the director & further proceedings ???

Ajay Mishra (Expert)
06 March 2013 Hi


Your company is public or private limited company. confirm.....

06 March 2013 sir.its a private company

06 March 2013 it will be helpful if u make it little fast,sir

Ajay Mishra (Expert)
06 March 2013 Hi

No need to give such item of rotation.

Ajay Mishra (Expert)
06 March 2013
Not less then two-third of the total directors shall be liable to retire by rotation:

In a public or a private company, which is a subsidiary of a public company, not less than two-thirds of the total number of directors shall be such whose period of office shall be subject to retirement by rotation.
The duration of office of remaining one-third of the total strength shall be as per the provisions in the Articles. In the absence of any such provision, the said remaining directors shall also be subject to retirement by rotation.
The directors in a private company, in case of default of any provision in the Articles, will also be appointed by the company in its general meeting.

Ajay Mishra (Expert)
06 March 2013 One-third of rotational directors shall retire annually
In a public company or a private company which is a subsidiary of a public company, at every annual general meeting, one-third of the directors liable to retirement by rotation (namely one-third or two-thirds of the total directors and where there is no provision in the Articles, one-third of the remaining directors who are also subject to retirement) will retire but eligible for re-election.
Fraction if any, may be corrected to the nearest whole number for working out one-third. It is advisable to round off any fraction as one, irrespective of whether the fraction is half or less than half.


All the above provisions will not apply on private company.


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