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Under Section 166 Companies Act 2013, the DUTIES of a director include duties of GOOD FAITH and DUE CARE. Which of the following is NOT a statutory duty under Section 166?

AA director shall act in accordance with the articles of the company
BA director shall act in good faith to promote the objects of the company for the benefit of its members as a whole, employees, shareholders, community and environment
CA director shall achieve a minimum return on capital employed of 15% every financial year
DA director shall exercise his duties with reasonable CARE, SKILL and DILIGENCE and exercise independent judgment
Answer & Solution
Correct answer: C. A director shall achieve a minimum return on capital employed of 15% every financial year
1. Section 166 Companies Act 2013 enumerates duties of directors: (1) act in accordance with articles; (2) act in good faith to promote objects of the company for benefit of members as a whole, employees, shareholders, community, environment; (3) exercise duties with due and reasonable CARE, SKILL and DILIGENCE and INDEPENDENT JUDGMENT; (4) not to involve in conflict of interest situations; (5) not to achieve any undue gain or advantage; (6) not to assign his office; penalty for contravention. 2. There is NO statutory duty to achieve a minimum return on capital — that is a commercial expectation, not a Section 166 duty. 3. Hence option D is NOT a Section 166 duty. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 166_
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