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Director Comparative Analysis Chart by Darshan Khare

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1K views2 pages

Director Comparative Analysis Chart by Darshan Khare

Nkk

Uploaded by

chandresh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Directors Charts

Directors Comparative Chart


Names First Director Rotational & New Director Small Share- hold- Additional
Non Rotational er Director Director
Section 152(1) 152(6) & (7) 160 151 161(1)
Applicability All Companies Public Companies Public Companies Listed companies All Companies
1. Named in 1. Min 2/3 Rota- 14 days notice at 14 days notice at reg- BOD can ap-
Provisions AOA. tional. registered office istered office or ap- point if stated
2. Elect by w 2. 2. 1/3 of rota- with fees of Rs. 1 pointment by compa- by AOA or by
AOA tional will re- lac for appoint- ny sue moto. GM.
1. 3. Signatory tire. ment.
of MOA
Appointing Authori- AOA or MOA Members Members Small Shareholders BOD
ty
Meeting of Ap- As per AOA GM GM Class Meeting BM
pointment
Resolution of ap- As per AOA GM-OR GM-OR OR of SSH BM-OR
pointment
Counted in Min / Yes Yes Yes Yes Yes
Max 149(1)
Need to be ID U/S No No Can be Yes No
149(6)?
DIN U/S 152(3) &
Declaration U/S Yes Yes Yes Yes Yes
152(4)
Filing DIR-2 Yes Yes Yes Yes Yes
Sec 152(5)
Counted In total
Number of Directors NA Yes Yes No No
for 152(6) & (7)
Comply process of Yes Yes Yes Yes Yes
DIN Sec 153-159
Disqualification Yes Yes Yes Yes Yes
u/s 164(1)
Disqualification NA Yes Yes No Yes
U/S 164(2)
No. Of directorships Yes Yes Yes Yes (max 2) Yes
U/S 165
Comply Duties of Yes Yes Yes Yes Yes
Director Sec 166
Vacation U/S 167 Yes Yes Yes Yes Yes
Removal U/S 169 Yes Yes Yes Yes Yes
Maintain Detail in Yes Yes Yes Yes Yes
Sec 170
Retirement or Ten- Till 1st AGM Till Longest in office Till Longest in Of- Max 3 years Till Next AGM
ure of Office fice
Reappointment Yes Yes Yes No Yes

CA Darshan D. Khare
Dividend & Divisible Profit
Directors Comparative Chart
Names Alternate Director Nominee Direc- Casual Vacancy Proportional Repre- Nominee of
tor Director (CVD) sentation CG/Tribunal
Section 161(2) 161(3) 161(4) 163 242
Applicability All Companies All Companies Public Companies Public Companies All Companies
1. Director is absent When 3rd party Appointed in Method of appoint- Can be appoint-
Provisions for min 3 months wants to ap- place of casual ment of director for ed by CG for
from India. point director vacancy caused preventing oppres- control over
2. appointed by BOD on company by death, resigna- sion & mismanage- company.
if AOA says so or appoint by tion, etc. ment.
by GM BOD-OR
Appointing Authori- BOD BOD BOD Members CG
ty
Meeting of Ap- BM BM BM GM NA
pointment
Resolution of ap- BM-OR BM-OR BM-OR As per Method NA
pointment
Counted in Min / Yes Yes Yes Yes Yes
Max 149(1)
Need to be ID U/S Yes if Original is ID No Yes if Original is Can be No
149(6)? ID
DIN U/S 152(3) &
Declaration U/S Yes Yes Yes Yes Yes
152(4)
Filing DIR-2 Yes Yes Yes Yes Yes
Sec 152(5)
Counted In total Depends on original No Depends on origi-
Number of Directors director. nal director. No No
for 152(6) & (7)
Comply process of Yes Yes Yes Yes Yes
DIN Sec 153-159
Disqualification Yes Yes Yes Yes Yes
u/s 164(1)
Disqualification Yes Yes Yes Yes No
U/S 164(2)
No. Of directorships Yes Yes Yes Yes Yes
U/S 165
Comply Duties of Yes Yes Yes Yes Yes
Director Sec 166
Vacation U/S 167 Yes Yes Yes Yes Yes
Removal U/S 169 Yes Yes Yes No No
Maintain Detail in Yes Yes Yes Yes Yes
Sec 170
Retirement or Ten- When original Direc- Till Terms of Orig- Max 3 years Max 3 years
ure of Office tor comes to India inal Director
Reappointment Yes Yes Yes Yes

1.2 CA Darshan D. Khare

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