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4 Directors in a Public Limited Company have not attended a single Board Meeting during 2015.16 Financial Year. However, they have sought Leave of Absence, which was granted by the Board. Under Sec.167(b) of the CA 2013, are they deemed to have vacated office?

Director

Posted By: V. maslekar 8 year(s) ago

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    VenkadasalamV

As per Sec 167 (1) (b) that a director absent himself from the entire board meeting held during a period of twelve months with or without obtaining leave of absence, his office as director shall vacate. He shall vacate even if he absents with the leave and section is very clear and the director should not function. VENKADASALAMV

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    Raghavan

Yes, They are deemed to have vacated the Office.

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    Divesh Goyal

Section 167(1) (b) said that The office of Director shall become vacant if he absent himself from all the meeting of BOD held during period of 12 month with or without seeking leave of absence. In your case director was absent from all the Board meetings of the Company for a period of 12 month with the permission of BOD (by leave of absence). But as per 167(1)(b) such director has been ceased and the position is vacant.

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