Disqualification of director u/s 164

Co Act 2013 217 views 2 replies

In sec 164 there is a postponement for 30 days in the case of conviction and if an appeal is filed then till the disposal of such appeal.

While in sec 167 director vacate office in case : he incurs any disqualification in sec 167(1)(a) or he is convicted and it is provided that office will be vacated even if director has filed appeal against the order in 167(1)(f).

If a director is convicted then will he wait for the appeal to be disposed off or we go for harmonious construction and vacate the office immediately ?

Replies (2)

Hi,

Immediate vacation of office is applicable only to Sec 167 (1) (f) which is convicted for offence involving moral turpitude. The director has to vacate the office even before he files the appeal in this case.

Thanks sir.


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