Appointment of independent director

Can a Existing non-executive Director who is on Board from last 3 years, be Converted into an Independent Director is the Company Want to covert him for complying with the requirement of Independent Director, as per Companies Act 2013.

2nd Question : There is a Requirement that a Unlisted Company fulfilling some requirements have to appoint atleast 2 Independent Directors. So that 2 Independent Directors Should be in addition to the 3 minimum Directors Limit in Public Company or there can be 1 executive Director and 2 Independent Directors?

Replies (4)

Ans. to Q.1: Yes, he can be appointed as ID.

Ans. to Q.2:  Minimum no. of directors prescribed in the Act includes IDs also.  

 

in case 1, non executive directors can be appointed as ID provided he qualifications of the companies act 2013, 

in case 2, the min no. of directors under companies act is includes both ordinary director and ID. 

Thanks

 

If the Director is an Executive Director, can his designation be changed into non-executive Independent Director.

No - Refer Sec.149(6)(e).

 

 

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