Disqualification under section 196 of companies act 2013

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 June 2018 As per Section 196(3)
No company shall appoint or continue the employment of any person as managing director, whole-time director or manager who —
(a) is below the age of twenty-one years or has attained the age of seventy years:
Provided that appointment of a person who has attained the age of seventy years may be made by passing a special resolution in which case the explanatory statement annexed to the notice for such motion shall indicate the justification for appointing such person;

So to appoint an ordinary director above the age of 70 SR is required ?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

04 June 2018 Yes. Appointment of director who has attained the age of 70 years, Special resolution is required

Querist : Anonymous

Querist : Anonymous (Querist)

04 June 2018 Sir, Section applies to MD, Manager, WTD and all of these designations are different and so is the designation of director. So I don't think SR is required.
Moreover while filing DIR-12 all these designation are separately shown and hence a Director is different from Manager, MD and WTD.

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