First Director

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What will Happen if a Person Disqualified u/s 274 is named in the articles as first Director? Will he be appointed?

Replies (7)

disqualification mentioned u/s 274 are applicable to the subsqunt directors as well as first directors.

 

so, if the person mentioned in articles or subscriber to the memorandum is disqualifeid u/s 274, he shall not be appointed as director.

No. Appointment of such person is not possible in a public company. Appointment as a first director can not be considered as an exception to section 274.


Thanks

 

the director will be deemed as not appointed since beginning and then, the directors are to be appointed int he general meeting.

Originally posted by : Ankur Garg

No. Appointment of such person is not possible in a public company. Appointment as a first director can not be considered as an exception to section 274.





Thanks


 

NO person disqualified u/s 274(1) except 274(1)(g), can be appointed as director in public company as well as private company....

[this is to the best of my understanding]

Any director whether first director or subsequent director cannot be appointed as director if he is  disqualified by law as prescribed in section 274

Any director whether first director or subsequent director cannot be appointed as director if he is  disqualified by law as prescribed in section 274

Thank you All ! :)


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