Issue 25 – Insights 4
Insights – Change is Constant
Directors
The Bill proposes some sweeping amendments in provisions relating to appointment, resignation and composition of the Board of Directors:
- The 182 day period for determining whether a director is resident in India shall be computed with reference to the financial year instead of the previous calendar year. For new companies, the 182 day period shall be proportionately calculated.
- In addition to DIN, a director may hold any other identification as may be prescribed by the Central government. Any other identification like PAN, Aadhar etc can be used as DIN to appoint a director.
- A director in a company cannot be appointed as an alternate director in the same company.
- A director appointed on a Company that has defaulted in filing annual returns or repayments of deposits/debentures, such director will incur disqualification only after 6 months from the date of his appointment.
- Directorship in a dormant company will not be counted for determining the limit of directorships of 20 companies.
- In case of default in filing annual returns or repayments of deposits/debentures, then, director shall vacate office in all other companies other than the company which is in default.
- Loan to directors – a completely new section is being proposed wherein there is complete restriction on providing loan to any director and director of holding company, or partner or relative of any such director. Certain transactions which are currently prohibited are proposed to be allowed.