Sec.313 of companies act

1136 views 3 replies
Whether Sec.255 or Sec.277 apply to an alternate direator u/s 313?
Replies (3)

Dear Vinay,

Section 255 relates to eligibility for re-appointment of existing directors who retires at the agm.

An alternate director ceases to be director on the date the original director returns and if the term of office of the original director comes to an end before he returns, the section 255 will apply to the original director and not to the alternate one.

 

Section 277 relates to maximum No. of companies to which a person may be appointed as director.

Sub-section (13) of Section 2 of the Companies Act, 1956 defines a “director” as ‘director includes any person occupying the position of director, by whatever name called’.  Since an alternate director occupies the position of director and performs same duties and is subject to same liabilities as of any director, he shall be treated for all intents and purposes of the Companies Act, 1956 and articles of the company, as a 'director' of the company like any other director. And eform 32 is filed. 

And hence his directorship as alternate director is calculated for computing no. of directorships by a person.

In furtherance to the above reply I would like to add that Sec 278 specifically excludes alternate director for calculation purpose u/s 277 , hence sec 277 will not apply to AD

Thnx...

I just forgot this thread.. :)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details