Minor director ?

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Tarun Kumar

Tarun Kumar (Querist)

30 November 2015 Can minor become director as per Companies Act'2013 ?

Suresh Ramaswamy

Suresh Ramaswamy (Expert)

30 November 2015 Under the Indian Contracts Act 1872 any contract with a minor is void. No claims can be enforced against a minor. A Director holds a fiduciary relationship with the Company and in case of private limited company s/he is also liable personally for unpaid income tax, sales tax, excise duty, etc. Since no claim can be enforced against a minor and s/he cannot contract, such person cannot become director of a company - even though there is no specific prohibition in this regard in Companies Act 2013. The appointment would be void ab initio since the minor has to give consent to act as Director and such consent is void.

Tarun Kumar

Tarun Kumar (Querist)

01 December 2015 Thanks Suresh Ji.

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