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164 applies to manager

(Guest)

164 applies to manager? A person disqualified under 164 can be appointed as manager? by following 196

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P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 10 December 2016

Sec.164 applies only to a director and not to Manager. Sec.196 applies to Manager also.

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(Guest)

so a person disqualified to be appointed as director can be appointed as manager!???

Priya Garg (Company Secertary) (637 Points)
Replied 11 December 2016

Hello

For appointment of manager under sec 196 MR 1 form is required to be filed and in that 11(a) point ask for if "Whether the appointee has been disqualified for appointment of director under section 164 of the Act"

And such form require certification by professional so I think a disqualified director cannot be appointed as manager

Regards

CS Priya Garg

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P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 12 December 2016

Requirement in Form MR1 is to just disclose whether or not he is disqualified as a director u/s 164. You can simply say No and give explanation that it is not applicable to Manager if he is not a director. Otherwise they could have simply asked us to give a declaration that he is not disqualified as a director u/s 164. The very fact that "No" answer is also accepted in MR-1 shows that it is not mandatory in case of Manager if he is not a director. In any case rule cannot over-ride the Act.

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