Appointment of director above 70yrs of age

MCA 2796 views 2 replies

Dear Team,

Section 152 of the Companies Act 2013, details out the appointment of directors, but does not mention any age requirement for the same. Whereas Section 196 details that for Appointment of managing director, whole-time director or manager

(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

 

WE HAVE A DIRECTOR ABOVE AGE 70 BUT HE IS NOT DESIGNATED AS MANAGING OR WHOLE-TIME DIRECTOR.

Given this situation the Companies Act 2013 is silent on any additional compliance needed for their appointment.

Can anyone please share experiences similar to this one and suggest necessary course of action?

Replies (2)

Dear Ravindra,

If Director is not designated as Managing Director or Whole Time Director, he can continue as director even after attaining the age of 70 years, No additional compliance are required.

Agree with Prakash ji.....the same is applicable only for MD/WTD....for the regular director, there is no problem.....


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