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directorship

230 views 4 replies

NIKUNJ

NIL

131 Points Joined February 2014

Mr a is the director in ABC limited. amended article of ABC limited shows that after the death of Mr a, his son will be appointed as a director subject to qualifications of directorship. Mr a died and his sons gets all the qualifications of directorship. so this is viable under companies act 2013…?

Replies (4)

TARUN SINGHAL

student

41 Points Joined January 2016

No Mr. Nikunj.
It is not viable under companies act, 2013 as it would lead to overriding of act.Anything written in memorandum can not make appointment legal..so it will not be allowed

Pratik Shah

Practising Company Secretary

4432 Points Joined October 2014

I agree with Tarun bhai. Directorship can not be obtained by way of succession. Director can only be appointed by way of following provisions of Companies Act.

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

He has to be appointed by way of Resolution.

Jatin Bajaj

2930 Points Joined April 2016

Firstly his son has to fulfil the criteria of additional director as per section 161 (1) and such a director can be appointed in a Board Meeting by passing Board Resolution and regularize in Coming AGM.

SO, he Could not be appointed by the way of Succession. Such aperson can be appointed by fulfilling the criteria under the Companies Act 2013