In what way does the Companies Act, 2013 and Rules made thereunder regulate the appointment of woman director in a company? Explain.

CS Executive · Company Law · PYQS · June 2015
In what way does the Companies Act, 2013 and Rules made thereunder regulate the appointment of woman director in a company? Explain.

Answer & Explanation:

The Second Proviso to Section 149 of the Companies Act, 2013 provides that such class or classes of companies as may be prescribed in Companies (Appointment and Qualification) Rules, 2014, shall have at least one women director on the Board of the company. Rule 3 of Companies (Appointment & Qualification Rules, 2014) prescribes the following classes of companies shall appoint at least one women director: (i) Every listed company (ii) Every other public company having: (a) Paid-up share capital of ₹100 crore or more; or (b) Turnover of ₹300 crore or more. A company which has been incorporated under the Act and is covered under provisions of Second Proviso to sub-section (1) of Section 149 shall comply with such provisions within a period of 6 months from the date of its incorporation. Provided further that any intermittent vacancy of a woman director shall be filled-up by the Board at the earliest but not later than immediate next Board meeting or three months from the date of such vacancy whichever is later. Explanation.- For the purposes of this rule, it is hereby clarified that the paid up share capital or turnover, as the case may be, as on the last date of latest audited financial statements shall be taken into account.

Topics: Appointment and Qualification of Directors

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