Nikunj, an IT professional from reputed engineering college, was appointed as an Independent director of a listed company. Due to some health issues, he resigned from the company eight months back. Now, the company desir

CS Executive · Securities Laws and Capital Markets · PYQS · December 2022
Nikunj, an IT professional from reputed engineering college, was appointed as an Independent director of a listed company. Due to some health issues, he resigned from the company eight months back. Now, the company desires to appoint him as an executive director on the Board. Examine the validity of the proposed appointment.

Answer & Explanation:

As per Regulation 25(11) of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, an Independent Director who resigns from a listed entity, shall not be appointed as an Executive / Whole Time Director on the board of the listed entity, its holding, subsidiary or associate company or on the board of a company belonging to its promoter group, unless a period of one year has elapsed from the date of resignation as an independent director. In the given case, Nikunj resigned eight months back. The company now desires to appoint him as an executive director. Since only eight months have elapsed, which is less than the stipulated one-year cooling-off period, Nikunj is not eligible for appointment as an executive director on the Board for the next four months.

Topics: Corporate Governance

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