While conducting Secretarial Audit, how would you verify that the constitution of Board of Directors is proper and well balanced ?

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2017
While conducting Secretarial Audit, how would you verify that the constitution of Board of Directors is proper and well balanced ?

Answer & Explanation:

While conducting the Secretarial Audit, the Constitution of the Board shall be checked whether: Constitution is as per requirement of Section 149 of the Companies Act, 2013 In case of Listed Company, Constitution of board shall be as per SEBI (LODR) Regulations with an optimum combination of Executive and Non Executive Director, Independent Director. Constitution is as per provisions of Article of Association of the Company Women Director has been inducted, if required Independent Director has been inducted, if required At least one Director of the company is Resident Director as per Section 149 of Companies Act, 2013. Retire by Rotation of Director has been done in correct manner as per Section 152 of Companies Act, 2013) Compliance relating to Nominee Director, Alternate Director and Additional Director has been made as per Section 161 of Companies Act, 2013. If above conditions are fulfilled, it could be considered that the constitution of the Board of Directors is proper and balanced.

Topics: Secretarial Audit

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