sir is der any diff between peroid of office liable for retirement and retirement of director
sir is der any diff between peroid of office liable for retirement and retirement of director
query:-
in case private company only two director, so section 152 retirement is applicable ????
how to deal with ? if any
As per section 152 other directors than independent directors must retire at AGM but you have a contract between managing director as they canot be retired by rotation. Doing this agreement or mentioning in its AOA is just overwriting the laws of companies act 2013 which is not allowed , as company law cannot be overwrite by aoa or an agreement
.In case a public company has three directors. Out of three directors 1 director is an independent director whose office is not liable to retire by rotation, 1 director is a managing director appointed for a fixed term and 1 is the promoter director/ director appointed pursuant to share purchase agreement/ nominee director etc. whose office also is not liable to retirement by rotation. How can such a company ensure the compliance of section 152 (6) and (7)?
Ans. In such situations it is advised that companies appoint such number of nonexecutive directors whose office is liable to retire by rotation and thereby ensure compliance of Section 152(6) and (7).
Is every company is to retire director by rotation
who shall NOT INCLUDE total directors while counting two third of total directors as per rotation of retiring director u/s. 152(6)
In my company (unlisted public company), there are 1 MD, 4 WTD and 3 ID.
MD and WTD are appointed for 3 years. (AOA provides that MD and WTD are eligible to retire by rotation.
Now my question is who will retire by rotation?
Pls revert.
why this provision is kept of retiring directors. please put some light
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