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Friday, 15 February 2013

Business Law

scratch 257 of the troupes act 1956 says that any element (share holder) of the company can propose any other soul or self for being a director of the company provided under following two conditions:
1. The written happen upon is certain 14 days before the annual general meeting.
2. The element has deposited 500/- along with that notice.

Therefore, as a company secretary, the notice received from non- member (x) allow be rejected and completely the notice received from member (Y) impart be travel in the General meeting for appointing of (Z) as the director in place of the retiring director.

Zs appointment will be put to vote in meeting by simple majority of the members present. If he is succeeded to be plant as director, 500 rupees will be refunded to Y else the money will be held by the company.

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Dis fashioning for appointment as director:
Section 274 of the companies act, 1956 provides that the following mortals shall not be capable of being appointed as directors of any company:
* A person name by a competent court to be of high-risk mind and such finding remaining in king;
* A person who has applied to be adjudged an insolvent;
* A person who has not paid any call in respect of shares of the company held by him, whether alone or collectively with others and sextet months have pass on from the last date refractory for the payment of the call;
* An un discharged insolvent;
* A person who has been convicted by court of an offense involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of the expiry;
* A person who has been disqualified by a court in pursuance of section203, which empowers the court to admit fraudulent persons from managing companies, unless the leave of court has been obtained for his appointment.

Holder of qualification shares

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