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Executive functions of director and enrolment with bar council

(Querist) 29 August 2011 This query is : Resolved 
What are the executive functions of a director of a Pvt Ltd company ? For the purpose of enrolment with state bar council, according to Part VI of Rules governing advocates, section VII, Directors can be advocate provided none of his duties are of executive nature. I want to clarify that while submission of enrolment form, any material proving the same ie non executive nature of functions of the director( eg affidavit etc ) has to be submitted or nothing is required ? Will the same amount to any employment or service?
Raj Kumar Makkad (Expert) 29 August 2011
If the function do not involve of executive nature and only of nature of advice then there is no problem in enrollment but affidavit is must to be enclosed about all such conditions.
Sailesh Kumar Shah (Expert) 30 August 2011
excutive functions includes: issue of cheque with sign of director, taking administration of company,responsible for day to day working etc.
girish shringi (Expert) 31 August 2011
Independent Director can be the advocate,because he is not on the roll of the company and not bind to any decision been taken by BOD.
He can draw the seating fees as consultant,hence I do affidavit in that case is not any breach of Law.
girish shringi (Expert) 31 August 2011
Independent Director can be the advocate,because he is not on the roll of the company and not bind to any decision been taken by BOD.
He can draw the seating fees as consultant,hence to do affidavit in that case is not any breach of Law. The Advocates Act specify this that if any part time job is there than also you have to inform the Bar,and it should not be the below the status of the profession.
Advocate. Arunagiri (Expert) 31 August 2011
Being a director is not a job. But, being a whole time director is a job. So, advocate can be a sleeping partner of any business.


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