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present AOA prescribe number of directors as 12. The new act has prescribed number of directors as 15. Considering the provision that Act overrides Articles, then do we have to amend AOA to raise number of directors to 15?

Section 6- Act to override memorandum, articles, etc.

Posted By: Anil 10 year(s) ago

This question has been closed if you want to answer,you have to re-open.


    s.m.a.millath

Section 149(2) has given a years time to comply with sub section (1) of that section. Earlier u/s 258 max directors could only be 12 and above 12 required central govt approval. Now you can increase through spl resln.

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    BANDARU

Act prescribes upper limit. AoA can prescribe any number equal to or less than it. As the AoA in question prescribed 12, the Company is bound by it. Hence, to appoint directors beyond 12, the company need to amend its Articles, of course not beyond 15. Bhaskar

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Expert    Ankit Singhi

Keeping in view the section 6, you can have more directors without altering your articles

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