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Director?????

CA SHAFI SIDDIQUI (Ca in Practice) (228 Points)

20 December 2010

Hello,

I have a problem regarding directorship in a private ltd. company.

Two people are there, one is not resident as per Income tax Act., and his wife is a moroccon resident haing permit for 5 years and she is there in India for last 1 year.

Can they be Director in a private company???

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8 Replies

Syam kamal (Company Secretary) (156 Points)
Replied 20 December 2010

Both of them can become directors. Residential status is not a problem to become a director of a company. They can conduct board meetings anywhere in the world except Annual General Meetings which is to be held only in India at a place where the registered office of the company is situated.

1 Like

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 20 December 2010

Agree with the learned member Syam Kamal.

1 Like

Ajay Mishra (Company Secretary) (74332 Points)
Replied 20 December 2010

Agreed with Mr. Syam Kamal.

1 Like

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 20 December 2010

Fully agreed with Mr. Shyam.

1 Like

unika (ca final student) (124 Points)
Replied 21 December 2010

i Agree too !!!!

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Sharad Suman Das (art) (141 Points)
Replied 21 December 2010

Dear Shafi,

The companies Act 1956 does not prohibit the non resident to become the director of the indian company so in your case the the residential status uf the assessee would not restrict them to become the director of the company, so both of them can become the director of the private company.