director

Pvt ltd 680 views 3 replies

hiiiiiii

i just want to know that who is not become the director of a company.?

can anyone give me the sec. wise details on it.

thanx in advance

Replies (3)

A person who is disqualified to be appointed as director in terms of section 274 of the companies act, 1956 can not be appointed as diretor of a company.

 

Section 274 contain disqualification of a director.

 

Regards

Hi  u should simply read section 274 ,u will be able to solve ur problem

section 274 says:

 

DISQUALIFICATIONS OF DIRECTORS.

(1) A person shall not be capable of being appointed director of a company, if -

(a) he has been found to be of unsound mind by a Court of competent jurisdiction and the finding

is in force;

(b) he is an un discharged insolvent;

(c) he has applied to be adjudicated as an insolvent and his application is pending;

(d) he has been convicted by a Court of any offence involving moral turpitude and sentenced in

respect thereof to imprisonment for not less than six months, and a period of five years has not

elapsed from the date of expiry of the sentence;

(e) he has not paid any call in respect of shares of the company held by him, whether alone or

jointly with others, and six months have elapsed from the last day fixed for the payment of the

call; or

(f) an order disqualifying him for appointment as director has been passed by a Court in

pursuance of section 203 and is in force, unless the leave of the Court has been obtained for his

appointment in pursuance of that section.

(2) The Central Government may, by notification in the Official Gazette, remove -

(a) the disqualification incurred by any person in virtue of clause (d) of sub-section (1), either

gradually or in relation to any company or companies specified in the notification; or

(b) the disqualification incurred by any person in virtue of clause (e) of sub-section (1).

(3) A private company which is not a subsidiary of a public company may, by its articles, provide

that a person shall be disqualified for appointment as a director on any grounds in addition to

those specified in sub-section (1).

 

Further as per section 253 -  A director must be an individual (not a body corporate ) and he must have a DIN (Director Identification number)


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