Section - 160, Right of persons other than retiring directors to stand for directorship (CA, 2013)

Section - 160, Right of persons other than retiring directors to stand for directorship (CA, 2013)

Co. Law, Sebi, Audit & A/c
Chapter XI Appointment and Qualifications of Directors

Right of persons other than retiring directors to stand for directorship

(1) A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meeting, left at the registered office of the company, a notice in writing under his hand signifying his candidature as a director or, as the case may be, the intention of such member to propose him as a candidate for that office, along with the deposit of 3[one lakh rupees] or such higher amount as may be prescribed which shall be refunded to such person or, as the case may be, to the member, if the person proposed gets elected as a director or gets more than twenty-five per cent. of total valid votes cast either on show of hands or on poll on such resolution.


*2*[Provided that requirements of deposit of amount shall not apply in case of appointment of an independent director or a director recommended by the Nomination and Remuneration Committee, if any, constituted under sub-section (1) of section 178 or a director recommended by the Board of Directors of the Company, in the case of a company not required to constitute Nomination and Remuneration Committee.]


(2) The company shall inform its members of the candidature of a person for the office of director under sub-section (1) in such manner as may be prescribed.


Notes:-


*2*. The proviso ins. by Act 1 of 2018, s. 50 (w.e.f. 9-2-2018).