Evaluate if in the following cases, the person will be disqualified for appointment as a director of Race Ltd.: (i) Takur, who holds a directorship in Turf Ltd., a company which did not file the financial statements with

CS Executive · Company Law · PYQS · December 2019
Evaluate if in the following cases, the person will be disqualified for appointment as a director of Race Ltd.: (i) Takur, who holds a directorship in Turf Ltd., a company which did not file the financial statements with the Registrar of Companies for the financial years 2015-16, 2016-17 and 2017-18. However, the Company has filed the financial statements during August, 2019 to rectify the lapse. (ii) Umesh was convicted of an offence not involving moral turpitude for a period of eight years and he has gone on appeal to a higher court, where the decision is pending.

Answer & Explanation:

Takur's Disqualification: Section 164(2) of the Companies Act, 2013 provides that where a person has been a director of a company which has not filed financial statements for a continuous period of three financial years, he shall not be eligible to be appointed as a director in any other company for a period of 5 years from the date on which the Company has failed to do so. Thus, Takur cannot be appointed as a director of any other company for a period of 5 years from 2018, owing to the failure of Turf Ltd to file the financial statements. Even if the lapse is rectified by the Turf Ltd subsequently, the disqualification of Takur remains for five years. Umesh's Disqualification: Proviso to Section 164 (1)(d) of the Companies Act, 2013 provides that where a person has been convicted of an offence for a period of 7 years or more, he shall not be eligible to be appointed as a director in any company. Proviso to the Section 164(3) states that the disqualification referred above shall continue to apply even if an appeal or petition has been filed against the order of conviction. In the given case, Umesh was convicted for an offence for a period of 8 years. Therefore, Umesh cannot be appointed as a director of Race Ltd. even the decision on appeal is pending.

Topics: Directors

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