directors

Others 806 views 5 replies

i hav a doubt regarding,whether a director disqualified u/s 274(1)(g)can be reappointed in d same defaulting Co.? as d act says he is disqualified to be appointed as a director in ANY OTHER PUB CO.

Replies (5)
Originally posted by :bijoy
" i hav a doubt regarding,whether a director disqualified u/s 274(1)(g)can be reappointed in d same defaulting Co.? as d act says he is disqualified to be appointed as a director in ANY OTHER PUB CO. "


 

the act only says, the disqualified director is not eligible to appoint in any other public Companies. he may appoint as director in the existing company

Yes he may be reappointed in same company but not in any other PLC

NO AS FAR AS THE INTENTION OF LAW IS CONCERNED HE CAN NOT BE APPOINTE AS A DIRECTOR IN THE SAME PUBLIC CO. ALSO

Dear Bijoy,

As mentioned by Prakash, he may be appointed in the same defaulting company. Reason being he is no more a director of the same company. Law says he can not be appointed as a director of any 'other PLC'. 

However, If we go by the literal interpretation of the proviso he may be appointed as a director of any other PLC if he leave the defaulting Co. before the default commence. Reason being it is mentioned in the proviso that such person shall not be allowed to appoint in other PLC for 5 years if he is still a director of a defaulting Co. (i.e. still working in the defaulting co. {Present tense}.

In simple words if he leave the company before default then there will be no question of application of the proviso. Hope this discussion will help you in your professional work.

Best Regards--Ankur Garg          ankur_gargcs @ rediffmail.com

 

 

 

 

DEAR BIJOY

Dont be cofused at all, director shall be disqualified from being reappointed in the defaulting company in which he is  already a director as well as in any other public co. however he will become eligible for appointment or reappointment after a  period of 5 year .


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details