Whether 151 director ,163 director should be included in Total no.of directors u/s 152(6) for calculation of 2/3rd and make them non rotational . Is it so?
Replies (6)
Quick Summary
This discussion clarifies the calculation of directors for rotation under Section 152(6) of company law. It addresses whether directors appointed under Section 163, particularly proportional representation directors, should be included in the total number of directors when calculating the 2/3rds threshold for rotational appointments. The consensus is that directors under Section 163 are indeed included in this calculation.
Small Shareholder Director is included in calculating 2/3rd Director eligible for rotation. But will never get considered while calculating 1/3rd Director to be rotated.
In calculation 2/3rd of 'Total No.of directors' u/s 152(6) independent and nominee directors are excluded. This is specifically stated in explanation to this section.
but proportion representation director u/s 163 should be included or not in Total no.of directors
bcoz sec.163 overrides entire act so as per me he should be excluded just like I dependent director