Vacation of office of Director

130 views 4 replies
If the director incurred disqualification under sectikn 164(2)

As per section 167

He has to vacate the office of director

in all the companies in which he is a director at the time of default

or

only in the defaulted company

??
Replies (4)
As per sec 164 (2) director is disqualified for reappointment in that company

He also not appoint as a director in another for 5 year

But section 164 (2) is silent about another company in which he is working or not doing default.

But as per sec 167 he shall vacate all the ofc in which he is working immediately.

So as per sec 167 he shall vacate immediately but as per 164 only reappoint is not done or new company appointment is not allowed.
But words of the proviso to sec 167(1)(a) is different

proviso ..... "where he incurs disqualification under section 164(2), he shall vacate the office of director in all the companies except the company which is in default under section 164(2)"
proviso ..... "where he incurs disqualification under section 164(2), he shall vacate the office of director in all the companies except the company which is in default under section 164(2)"
Bhai asa kaha likha h??
Its recent amendment w.r.f. 7th May 2018 ....

u can check in the Companies act 2013 ebook provided in MCA website also


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register