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    Draft documents for vacation of office of Director under sec 167 1(b)

    Posted By : damini / Published on : 30-Jan-2020 06:20 AM / View : 916 / Comment : 1

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    Does anyone have draft documents for vacation of office of Director under sec 167 1(b) ??

    Pls share if anyone have.
    Read more on : director under office vacation documents draft

    • In terms of Section 167(1)(b) of Companies Act, 2013, the office of a director shall become vacant in case he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the Board.

      The Company Secretary should check that the proper process as mentioned in section 173 of the Companies Act, 2013 has been followed in sending the board meeting notices. The Company Secretary should keep the attendance records/minutes of the board meeting wherein such director’s absence is recorded. 

      For the purpose of counting of Board Meetings held in the preceding twelve months, the counting should commence from the date of the first Board Meeting held immediately after the Meeting which the Director concerned last attended. The requirement of SS-1 with respect to vacation of office is only for attendance of a Director in the Board Meeting and not for the manner of attending the Board Meeting.

      Therefore, Board Meeting attended by a Director, whether physically or through Electronic Mode, shall be sufficient attendance. A Board Resolution need not be passed to show that office of Director has been vacated by a particular Director. Vacation of office is automatic as soon as a Director is found to have incurred disability as contemplated by clause (g) of sub– section (1) of Section 283 of the Companies Act, 1956 (corresponding to clause (b) of sub–section (1) of Section 167 of the Companies Act, 2013) [Bharat Bhushan v. H.B. Portfolio Leasing Ltd. (1992) 74 Comp. Cas. 20].

      As a matter of good governance, due intimation of such vacation should be sent to such Director forthwith and the Board may take note of such vacation at its next Meeting. 

       

      For drafts you my draft accordingly as stated provision.

       

      30-09-2022 / 07:39:03 AM
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