Can a minor be a Director

There we go again.

A Quote :   "Better to understand a little than to misunderstand a lot"

Keep Smiling .... Hemant

The Company Law Board has laid down in Nandita Jain v. Bennet Coleman & Co. Ltd. that a

minor can become a member provided four conditions are fulfilled:

(a) Company must be a Co. Ltd. by shares.

(b) Shares are fully paid up.

(c) Application for transfer is made on behalf of minor by lawful guardian.

(d) The transfer is manifestly for the benefit of the minor.

This was also confirmed in S.L. Bagree v. Britannia Industries.

In also Diwan Singh v. Minerva Films Ltd. [(3958) 28 Comp. Cases 191 (Punj.), (1959) 29

Comp. Cases 263 (Punj.)], the Punjab High Court held that there is no legal bar to minor

becoming a member of a company by acquiring shares (by way of transfer) provided the

shares are fully paid and no further obligation or liability is attached to them.

Minor can become member by transfer or transmission, but a company may not allow a minor

to be a member by allotment.

Well whether a minor can be a director under the existing laws.. Under the current enactments all directors have to obtain DIN.. A minor is not eligible for DIN.. So even if there is not any specific provision in the companys act prohibiting a minor if the proceedure is anti-minor then that the same as a prohibtion.. So A minor today cannot be a director.. Maybe a deemed director but not a regular director