Practice free →
HomeLLMLawCorporate Law › Under Section 167 Companies Act 2013, the office…

Under Section 167 Companies Act 2013, the office of a director shall become VACANT IF (inter alia) he absents himself from ALL the meetings of the Board held during a period of:

A12 months, with or without seeking leave of absence of the Board
B3 months, regardless of any reason for absence being given to the Board
C6 months, regardless of seeking leave of absence of the Board concerned
D24 months, with or without permission from the company's auditor
Answer & Solution
Correct answer: A. 12 months, with or without seeking leave of absence of the Board
1. Section 167(1) Companies Act 2013 enumerates several disqualifications that vacate a director's office: (a) incurs any of the disqualifications under section 164; (b) ABSENTS HIMSELF FROM ALL THE MEETINGS OF THE BOARD HELD DURING A PERIOD OF 12 MONTHS WITH OR WITHOUT SEEKING LEAVE OF ABSENCE OF THE BOARD; (c) acts in contravention of Section 184 (interest disclosure); (d) failure to disclose interest; (e) disqualification by court/NCLT order; (f) conviction by court for any offence with sentence ≥ 6 months; (g) removal under Section 169; (h) ceases to hold qualifying office for which he was appointed. 2. The 12-MONTH ABSENCE rule applies regardless of leave of absence — the underlying policy is active engagement. 3. Hence option B is correct. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 167(1)(b)_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions