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Should independent directors also be nominated by a member under section 160 of the act. Further, which are the category of directors who need not be nominated under section 160 as the section starts with the words “A person who is not a retiring director in terms of section 152”

Section 160- Right of persons other than retiring directors to stand for directorship.

Posted By: Arun kumar 10 year(s) ago

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SSK

In terms of section 178 read with schedule IV of Companies Act, 2013, the appointment of independent director is being made by the Board / Nomination and Remuneration committee. Hence, according to me, section 160 is not applicable to independent director. Further section 160 contemplates that it is applicable to additional director who comes for regularisation.

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