querry regarding sec 265

go thru this link

/articles/understanding-section-265-3249.asp

Still the query is not resolved.

I think, abhijeet want to ask that

if AOA provides maximum no. of directors 11 & company appoints 6 directos only (other 5 post are still not used by the company), then what will be the TOTAL NUMBER OF DIRECTORS for the purpose of Sec265? 2/3rd of 11 or 2/3 of 6?

In my opinion 2/3rd of 6 i.e. Total Number of Directors what will constitute board of directors after such appointment.

Views of other members shud also be solicited.

i mean which all director are excluded for the purpose of calculating 2/3 of total no. of director.

1. nominee director appointed by Central govt u/s 408

2.nomiee director appointed under any statutory act

3. alternate director

apart from this any other directors should b excluded or not

help me !!!!!!!!!!!!!

I am not sure for exclusion of above mentioned directors for calculating total number of directors for the purpose of Sec 265.

but according to me, the directors who are appointed under specific requirement of law like directors u/s 408 etc should be excluded. because the same is appointed for sepcific object under that section which is of the very different nature & purpose.