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Retirement of directors by rotation

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(Querist)
29 June 2015 Are the provisions of section 152(40(iv) re: retirement of directors by rotation applicable to a Pvt. Ltd. Company,which is a subsidiary to a Public Ltd. company?However,its AOA does not contain any provision re; retirement of directors by rotation.
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CS Mitesh Mehta

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CS Mitesh Mehta (Expert)
29 June 2015 Private Company which is subsidiary of public company is a Public company as per the definition of Public company under Section 2(71) of the Companies Act, 2013 and hence provisions relating to rotation is applicable to such companies.

If article is silent , the provisions of section 152 (6) is applicable.
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