Vijay Ltd. is having a paid-up capital of ₹250 crore. The company seeks your advice as to whether any of the following persons can be appointed as a managing director of the company: Ramesh, who is chairman of the compan

CS Executive · Company Law · PYQS · June 2021
Vijay Ltd. is having a paid-up capital of ₹250 crore. The company seeks your advice as to whether any of the following persons can be appointed as a managing director of the company: Ramesh, who is chairman of the company.

Answer & Explanation:

Provisions of the Companies Act, 2013: The first proviso to Section 203(1) of the Companies Act, 2013 restricts the appointment of a single person as Chairman and Managing Director of a company at the same time, unless: the articles of such a company provide otherwise; or the company does not carry multiple businesses. However, public companies with paid-up share capital of ₹100 Crore or more and annual turnover of ₹1000 Crore or more and engaged in multiple businesses and have appointed Chief Executive Officer for each such business, are allowed to appoint an individual as Chairperson and Managing Director. Application to the given case: Vijay Ltd. has a paid-up capital of ₹250 crore, which is more than ₹100 crore. The question does not specify its annual turnover or whether it carries multiple businesses or has appointed CEOs for each. Conclusion: Accordingly, if Vijay Ltd. satisfies the conditions (i.e., its articles allow, or it carries multiple businesses with appointed CEOs, and meets the turnover criteria), then it **can appoint Ramesh as Chairman and Managing Director**.

Topics: Company Law

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