Appointment of director other than retiring director

                             Appointment of director other than retiring director

                                                       Section 160

According to section 160 of companies Act 2013 any person other than retiring director shall be eligibled to appoint as a director of a company.

 Such person shall be appointed by:-

1.       Serving notice at the registered office of the company.

2.       The notice shall be written by him or member of the company who is intended to proposes his or her name as a director of the company.

3.       The notice must be given not less than 14 days before the meeting.

4.       The notice must be in writing in his hand.

5.       Rs 100000 or more as prescrived  must be deposited along with the notice. The deposited will be refunded to such person or as the case may be, to member if the person proposed gets elected as a director or gets more than 25%.

In such circumstances duty of the company:

                                                                                                Duties of the company in this respect has been defined the companies (Appointment and qualification of directors) rules 2014 which are stated below:-

1.       By serving individual notices on the members through electronic mode to such members of the company for communication purposes, and in writing to all other members  and

2.       By placing notice of such candidature or intention on the website of the company, if any.

However, no individual notice is required if the company advertice such candidature or intention not less than 7 days before meeting at least once in a vernacular newspaper in the principal vernacular language of the district in which registered office of the company in situated and circulating in that district and at least once in English language in an English newspaper circulating in that district.