Divine Industries (Pvt.) Ltd. has a turnover of ₹350 crore during the financial year 2014-15. The bankers of the company have advised the company to compulsorily appoint a woman director in the company as required under

CS Executive · Company Law · PYQS · December 2016
Divine Industries (Pvt.) Ltd. has a turnover of ₹350 crore during the financial year 2014-15. The bankers of the company have advised the company to compulsorily appoint a woman director in the company as required under the Companies Act, 2013. Referring to the provisions of the Act, examine the validity of the banker's advice. What would be your answer in case the company in question is a public limited company ?

Answer & Explanation:

Rule 3 of Companies (Appointment and Qualifications of Directors) Rules, 2014 read with section 149(1) of the Companies Act, 2013, the following companies shall appoint at least one woman director : Every listed company Public Limited Company having: Paid-up share capital of ₹100 crore or more; or Turnover of ₹300 crores or more. Accordingly a private limited company [Divine Industries (Pvt.) Ltd.] is not required to appoint a woman director under Companies Act, 2013. The advice of the bankers is not tenable in the given circumstance. In case the company is a public limited company then as per the aforesaid provisions the Company having its turnover ₹300 Crore or more is required to appoint a woman director. Hence in that case the banker's advice would stand valid.

Topics: Directors

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