Minor appoint as a director in Pvt. Ltd. Company

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deepika dhakad

deepika dhakad (Querist)
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07 February 2011 Can a MINOR appoint as a director in a Pvt. Ltd. Company?
If yes than wht process will follow?

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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07 February 2011 Minor can not be appointed as a director.

rvsekar2000

rvsekar2000 (Expert)
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07 February 2011 No. A minor cannot be appointed as a director of a company.

The Companies Act, 1956 generally not define the minimum age limit for becoming a director of the company. A minor is not competent to contract. Under section 184 of the Indian Contract Act, 1872, a person who is not the age of majority can not become an agent. In consequence a minor cannot be appointed to an office of director of a company.

For appointment of a Managerial person he should be one who has completed the age of 25 years and has not attained the age of 70 years.

As per Part I of Schedule XIII is as under, for appointment of MD or WTD , minimum age is fixed as the age of 25 years and has not attained the age of 70 years.
Exception: A special resolution is required for the appointment of a managerial person if he
(i) Has attained the age of 70 years; or
(ii) Has not completed the age of 25 years, but has attained the age of majority (i.e. 18 years).

Form 32 - there is an instruction that appointee as a director should be of more than 18 age.

In view of the above , a minor cannot be appointed as a director of a company.

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