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Rotational directors Sec.152(6)

04 June 2021

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?

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6 Replies

Neel Parikh (105 Points)
Replied 05 June 2021

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.

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CA. Sourav Sarkar (Chartered Accountant ) (24588 Points)
Replied 05 June 2021

You should please elaborate in details sudhakar

Sudhakar G (32 Points)
Replied 05 June 2021

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