• Filter Your Search
            
       
 
Notifications
(0)
Circulars
(0)
Orders
(0)
News
(0)
Queries
(0)
No updates found in last 7 days.
Notifications|Circulars|Orders|News|Queries


Q & A

 
2187 Views 4 Ans

companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase no 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.


    VenkadasalamV

Section 149 provides for the appointment of Directors. As per the said Section the public limited companies shall have minimum three and maximum 15 Directors. The said section further provides that a company may appoint more than fifteen directors after passing a special resolution. The section lays down minimum number of directors a company must have. With regard to maximum number of directors the same is to be provided in the Articles but it should be not more than 15. If your company’s article provides more than 15 then it requires amendment as otherwise no amendment is required. Any further clarification you are requested to send an email: nikiv2@gmail.com

  • Comment
  •   Comment (0)

    VenkadasalamV

Section 149 provides for the appointment of Directors. As per the said Section the public limited companies shall have minimum three and maximum 15 Directors. The said section further provides that a company may appoint more than fifteen directors after passing a special resolution. The section lays down minimum number of directors a company must have. With regard to maximum number of directors the same is to be provided in the Articles but it should be not more than 15. If your company’s article provides more than 15 then it requires amendment as otherwise no amendment is required. Any further clarification you are requested to send an email: nikiv2@gmail.com

  • Comment
  •   Comment (0)

    Mayur Mehta

First proviso to Section 149(1) provides that "Provided that a company may appoint more than fifteen directors after passing a special resoution." The section lays down minimum number of directors a company must have. With regard to maximum number of directors the same is to be provided in the Articles. Section 6 will apply when the Articles provide contrary to the Act and in such situation the Act prevails. In other words something which is not permissible under the Act,can not be made permissible by the Articles. Therefore if the Articles restrict number of directors which is less than the number permissible under the Act, the members have chosen not to avail the permissible limit. Therefore special resolution is required first to amend the Articles to raise the limit to 15 numbers and thereafter to raise above 15, special resolution is required. In this regard refer to section 165v(2) where the mebers by a special resolution can restrict the number of other directorship of its directors. Members can also provide by way of Articles.

  • Comment
  •   Comment (0)

    Akansha

Act will always prevail over articles but it is advisable that company should amend its articles accordingly.

  • Comment
  •   Comment (0)

Recently Active Member

Recently Active Member

Pramod Prabhudesai
B D Jokhakar & Co

Post Your Question
My Q&A
 


Topic

Sections

About Q&A

Q & A is a unique platform to get your answers. You can create questions by topics or sections for easy identification of your query . You get various alerts to keep you connected and can also search your query.


So keep posting and stay connected
#
Companies Act 2013/1956
Decoding the New Act
Resource Center
My Section
Information Cafe
Calculators


COPYRIGHT NOTICE: All information and material posted in this website (including but not limited to text, audio, video or graphical images), are subject to copyrights owned by Corporate Professionals eSolutions Private Limited, its affiliates and associates. Any reproduction, retransmission, republication, or other use of all or part of this document is expressly prohibited, unless prior permission has been granted by Corporate Professionals eSolutions Private Limited. All other rights reserved.

© Corporate Professionals eSolutions Pvt Ltd. | All Rights reserved
Scroll