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CORPORATE LAWS (Company Law,LLP,SEBI,Competition etc..)





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COMMUNITY Forum

By : CS Pooja
On : 25 May 2009

Can a minor be a Director??

Can a minor be a Director...we all know that the answer..but whats the reason behind it???

 

By : CS Pooja
On : 25 May 2009

Re:

 The eligibility criteria of a Director doesnt bar a minor to be a Director...

 

By : Nirav Pankaj Shah
On : 26 May 2009

Re: Minor as Director

 Minor is not covered by any express disqualification but as u are aware, he is surely not competent to contract.  So he cant file his consent to act as Director with RoC.

However this is applicable for Ltd and Pvt Company which is subsidiary of Ltd Company.

So there is nothing which prohibits a minor from acquiring directorship in Pvt Company. 

However, from practical point of view he can b an ornamental director only as he can not b a prty to any transaction.

He can though vote at Board Meetings.

 

By : venkataramana
On : 31 May 2009

Re:

a MINOR by definition underr the LAW is not competent to exercise the faculties of mind in a rational or mature manner. Hence and automatically a MINOR is barred by Common Law from being inducted as a member of the Board of Directors of a Company-IRRESPECTIVE OF THE NATURE AND TYPE OF cOMPANY.That is the reason why even the Companies Act,1956 has not bothered to even define or make a special/specific mention of this query's poser.

 

By : Monali
On : 04 June 2009

Re:

No a minor canot be director. As under Contract he is barred from entering into a contract. Second, for becoming a director, DIN is necessary and DIN is not alltted to any any minor.

 

By : Nirav Pankaj Shah
On : 06 June 2009

Re:

 Minor can not become a director, is not true. DIN etc is a compliance isue. Though even i would not duggest for his appointment. (Plz Refer Ramaiya)

 

By : meenu
On : 26 June 2009

minor cannot become director

minor cannot become director of any company as he disqualified for becoming any party to contract

 

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