A highly qualified and diversified male person aged 55 years old holds Independent Directorship in 9 (Nine) public companies and out of them one is delist from the stock exchange. All directorships are not more than 2 ye

CS Professional · Capital Commodity and Money Market · PYQS · June 2017
A highly qualified and diversified male person aged 55 years old holds Independent Directorship in 9 (Nine) public companies and out of them one is delist from the stock exchange. All directorships are not more than 2 years. The Director has technical background and asked you as a "Company Secretary in Practice" about holding of Independent Directorship and wants your opinion that what is the best course of action to remain clean in the eyes of law ? The Director has a valid DIN (Director Identification Number). Prepare a short advisory/opinion to the Independent Director, on his present directorship. Make assumptions if necessary.

Answer & Explanation:

Answer 6 Dear Sir/Madam The following clarifies your position: Section 165 of the Companies Act, 2013 provides that one director can hold the directorship in the public company not exceeding 10 companies at a time. So your position is legally justified as per the provision. Your tenure of the office is not more than 2 years, so you need not to face the test of reappointment in near future. Further, Regulation 25 of SEBI (LODR) Regulation, 2015 provides an obligation for the listed company that a person shall not serve as an independent director in more than 7 listed companies. After considering the delisting of a company, at present you are an independent director in 8 companies, therefore, you are hereby advised to tender resignation from one company of your choice out of the total 8 companies to avoid undesirable consequences upon the company and yourself. Yours Faithfully Sd/- (Practicing Company Secretary)

Topics: Company Law

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