Listing of advocate as a director in a commercial firm

S.B.adil rahman (Querist) 01 November 2009 This query is : Resolved
I have recently been enrolled with Bar Council of W.B.Prior to that I was working as a Manger in a pharmaceutical company. Now when I have enrolled my self as a lawyer,I am perhaps not eligible to work in the firm as a Manager.The company however does not want me to leave it and so I have been offered the post of a Director on the Board of Directors with the responsibilities of a legal advisor/solicitor.They will be paying me for the same. My question is whether can I accept the post of Director in the company and if so can it be considered as a misconduct by the bar council. Kindly guide. This is very urgent. adil

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A V Vishal (Expert) 01 November 2009
An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.

adv. rajeev ( rajoo ) (Expert) 01 November 2009
u cannot act as director of the co., for a salary, but u can work as legal advisor to the company

PJANARDHANA REDDY (Expert) 01 November 2009
UR ROLL ONLY ADVISORY ON THE CAPACITY OF DIRECTOR/OR U NAME ANY POST

Kiran Kumar (Expert) 01 November 2009
i agree with Vishal ji.

Raj Kumar Makkad (Expert) 01 November 2009
Better you surrender your license and become full time director of the company. New comers have to make a long struggle in the field of practice as a lawyer so better try in your old and experienced field wherein you are earning huge and now they have enhanced it. This is my practical experience.

Vinod Singh Tomar (Expert) 01 November 2009
I concur with the advise and opinion given by Makkad for your future. Wish you all the best.

Sachin Bhatia (Expert) 02 November 2009
An advocate shall not be a Managing Director or a Secretary of any company. It is better to surrender your license and become full time director of the company.

Best of Luck

S R agrawal (Expert) 02 November 2009
Dear Rahman ji!As an Advocate u can not be Managing Director or Secretary of the Co., but you can act as a legal advisor. Your Company's interest appears to continue to avail your services as a legal advisor.In that event you may not have to surrender your licence, and you may continue to provide your services to the Co. not in the capacity of an employee but as an advisor.