Fair Deal Private Limited has two directors on its Board. The company was incorporated in year 2014-15 and the registered office of the company is in Delhi. Both of the directors of M/s Fair Deal Private Limited generall
CS Professional · Governance, Risk Management, Compliances and Ethics · PYQS · June 2024
Fair Deal Private Limited has two directors on its Board. The company was incorporated in year 2014-15 and the registered office of the company is in Delhi. Both of the directors of M/s Fair Deal Private Limited generally resides in New York and visit India on time-to-time basis. During Financial Year 2023-24, Mr. X who is one of the directors of the company had not visited India while Mr. Y who is the other director had stayed in India during 1st April 2023 to 5th October, 2023. Analyze whether the company has compiled with the provisions of Section 149(3) of the Companies Act, 2013.
Answer & Explanation:
Section 149 (3) of the Companies Act, 2013 deals with the provisions related to Resident Director in a company. Section 149 (3) provides that every company shall have at least one director who stays in India for a total period of not less than 182 days during the financial year. Provided that in case of a newly incorporated company the requirement under this sub-section shall apply proportionately at the end of the financial year in which it is incorporated. In the question, Mr. Y has stayed in India during 1st April 2023 to 5th October, 2023 which is more than 182 days so the requirement of Section 149 (3) of the Companies Act, 2013 has been complied with.
Topics: Directors
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