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Under Section 164 Companies Act 2013, a person shall NOT be ELIGIBLE for appointment as a director if (inter alia):

Ahe does not currently hold shares of a value not less than Rs 1 lakh in any company (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164)
Bhe has not completed a postgraduate degree from a recognised university in India (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164)
Che has not made political donations to any registered political party in the preceding year (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164) (cf. Companies Act 2013, Section 164)
Dhe is of unsound mind, undischarged insolvent, applied to be adjudged insolvent, convicted of offence with sentence ≥6 months, disqualified under court order, has not paid calls, convicted of related-party transaction Sec 188 offence within preceding 5 years, has not got DIN
Answer & Solution
Correct answer: D. he is of unsound mind, undischarged insolvent, applied to be adjudged insolvent, convicted of offence with sentence ≥6 months, disqualified under court order, has not paid calls, convicted of related-party transaction Sec 188 offence within preceding 5 years, has not got DIN
1. Section 164(1) Companies Act 2013 lists disqualifications for a person to be APPOINTED as director: (a) of unsound mind; (b) undischarged insolvent; (c) applied to be adjudged insolvent and application pending; (d) convicted of any offence involving moral turpitude or otherwise sentenced to imprisonment for not less than 6 months and 5 years have not elapsed since expiry of sentence; (e) court / tribunal disqualification order in force; (f) has not paid calls on shares for 6 months; (g) convicted of related party transaction offence (Section 188) preceding 5 years; (h) not got DIN under Section 152(3). 2. Section 164(2): director of a company which has not filed financial statements / annual returns for 3 consecutive years OR failed to repay deposits / debentures / dividends for 1 year is INELIGIBLE for reappointment for 5 years. 3. Hence option A is correct. _Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 164_
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