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Issue ID: 3999
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Number in Directors Sec 275

Date 07 Apr 2012
Replies 1 Reply
Views 6256 Views
Directororship limit requires choosing which directorships to relinquish before accepting a new appointment.
Section 275 sets a maximum number of directorships an individual may hold; certain entities are excluded from the count-private companies that are neither subsidiaries nor holdings of a public company, not for profit associations, and unlimited companies. If, after applying those exclusions, the counted total would exceed the statutory ceiling, the individual must choose which directorships to relinquish so that the counted total does not exceed the limit before accepting a new appointment. (AI Summary)

Dear Sir,

 

The below mentioend query Would you clarify for us.

 

As per Section 275 Companies Amendment act 2000 has reduced to limited number of Directiorship in to 15 numbers.  

Actualy the issue is One of Person having 19 companies Directorship to till the date. We are required to get the new company  Incorporation with the Same above said person as a Managing Director. Is he elgible to Opoint the  New Company Incorporation as Managing Director and have  to sign the all documenst for getting Incorporation Certificate in ROC.

 

Please let you the above issue.

 

 

 

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Replied on Apr 7, 2012
1.

if one person holds directorsip in a co. that number cant be more than 15, while calculating 15 following shall be excluded-

  1. Pvt company which is neither subsidary nor holding of a public co.
  2. Not for profit association
  3. An unlimited company...

In the above case if after excluding the above mentioned co.'s number is morethan 15 then he has to make choice give up directorship of other companie and accept directorship[ of new company & reduce the total to 15.In no case the number should  be more than 15.

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