Shankar was appointed as a small shareholders' director on 2nd March, 2017. Shankar has submitted a letter to the Board of directors expressing his desire to get re-appointed. In this context, the Board wants your opinio

CS Executive · Company Law · PYQS · June 2021
Shankar was appointed as a small shareholders' director on 2nd March, 2017. Shankar has submitted a letter to the Board of directors expressing his desire to get re-appointed. In this context, the Board wants your opinion on the following points: (i) Whether Shankar can be re-appointed as on 31st March, 2021?

Answer & Explanation:

As per Section 151 read with Rule 7 of the Companies (Appointment and Qualifications of Directors) Rules, 2014, the tenure of small shareholders' director shall not exceed a period of 3 consecutive years and on the expiry of the tenure, such director shall not be eligible for re-appointment. Further, such director shall not be liable to retire by rotation. A small shareholders' director is included in the total limit of directorship of 20 companies as prescribed under section 165 (1) of the Companies Act, 2013. Based on the above provisions, answers to the questions are as under: No, Shankar as small shareholder director cannot be re-appointed as on March 31, 2021.

Topics: Appointment and Qualification of Directors

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