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Is it necessary for executive directors to be on board of directors
11-May-2023 (In Corporate Law)
Hi! Can a private limited company in India have a executive director working for it who is NOT a member of the Board of Directors? i.e. To be working as a director in a company, do you necessarily need to be on the board of directors? Whatever answers are provided, kindly provide the relevant authority (Section,provision, Case etc)
Your query is being answered in brief as under:
Can a private limited company in India have a executive director working for it who is NOT a member of the Board of Directors?
Normally executive director are part of and member of the Board of Directors , if there appointment is made in accordance with the Companies Act, 2013.In some companies Direction is a Designation and appointment of is not made in accordance with the Companies Act, 2013, then in that case there can be a director who is NOT a member of the Board of Directors.
To be working as a director in a company, do you necessarily need to be on the board of directors? Whatever answers are provided, kindly provide the relevant authority (Section,provision, Case etc)
Director are normally member of the Board of Directors , if there appointment is made in accordance with the Companies Act, 2013.In some companies Direction is a Designation and appointment of is not made in accordance with the Companies Act, 2013, then in that case there can be a director who is NOT a member of the Board of Directors.
Can a private limited company in India have a executive director working for it who is NOT a member of the Board of Directors?
Normally executive director are part of and member of the Board of Directors , if there appointment is made in accordance with the Companies Act, 2013.In some companies Direction is a Designation and appointment of is not made in accordance with the Companies Act, 2013, then in that case there can be a director who is NOT a member of the Board of Directors.
To be working as a director in a company, do you necessarily need to be on the board of directors? Whatever answers are provided, kindly provide the relevant authority (Section,provision, Case etc)
Director are normally member of the Board of Directors , if there appointment is made in accordance with the Companies Act, 2013.In some companies Direction is a Designation and appointment of is not made in accordance with the Companies Act, 2013, then in that case there can be a director who is NOT a member of the Board of Directors.
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Adv. Sanjay Lalit
Mumbai | 25+ Answers
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As per section 2(10) of the Companies Act, 2013 (Act), the Board of Directors of a company comprise of collective body of the directors of the Company. Thus all directors of a company whether executive or non-executive constitute and are part of the board of directors.
However, as per Section 77 of the Act the board of directors of a company can appoint/employ an individual as it chief executive officer, who is not necessarily a director of the company. Such chief executive officer shall be deemed to be a key managerial person of the Company as per the provisions of the Act.
However, as per Section 77 of the Act the board of directors of a company can appoint/employ an individual as it chief executive officer, who is not necessarily a director of the company. Such chief executive officer shall be deemed to be a key managerial person of the Company as per the provisions of the Act.
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