Examine whether the following persons are eligible to be reappointed as an independent director of Seamless Ltd. after the completion of cooling period as defined under the Companies Act, 2013? Name Activities performed

CS Executive · Company Law · PYQS · December 2022
Examine whether the following persons are eligible to be reappointed as an independent director of Seamless Ltd. after the completion of cooling period as defined under the Companies Act, 2013? Name Activities performed during the cooling period Ram Advisor to CFO of Seamless Ltd. Kishan Started his own independent advisory business and was not associated with Seamless Ltd. Rakesh Completed a small valuation work on the multiple requests by the Chairman of Seamless Ltd.

Answer & Explanation:

The re-appointment of independent director shall be on the basis of report of performance evaluation. (Schedule IV - Code for Independent Directors). Section 149(11) provides that the Independent Director shall be eligible for re-appointment on passing of special resolution. He shall not hold office for more than 2 consecutive terms, but such independent director shall be eligible for appointment after the expiration of 3 years (cooling period) of ceasing to become an independent director. However, he shall not, during the said period of 3 years, be appointed in or be associated with the company in any other capacity, either directly or indirectly. Accordingly, based on the above provision, correct answer is as under: Name Activities performed during the cooling period Correct Answer Ram Advisor to CFO of Seamless Ltd. Not eligible, since he was associated directly with the company Kishan Started his own independent advisory business and was not associated with Seamless Ltd. Eligible Rakesh Completed a small valuation work on the multiple requests by the Chairman of Seamless Ltd. Not eligible, since he was associated with the company

Topics: Appointment and Qualification of Directors

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