ππΌπ Understanding the Role and Regulations of the Board of Directors under Indian Company Law: A Pareto’s Overview (80/20 Rule) ππΌπ Hello #LinkedInCommunity, today I’m sharing key insights on the role and regulations of the #BoardOfDirectors under Indian Company Law. If you are interested in #CompanyLaw or #CorporateGovernance in India, this post will cover the most vital 20% of information that explains about 80% of this topic!
1οΈβ£ The Role and Composition of the Board π―π₯:
The Board of Directors, the supreme authority in a company, has a pivotal role in policy-making and managing the overall operations. A public limited company must have a minimum of 3 directors, a private limited company should have at least 2, and a One Person Company (OPC) needs just one.
2οΈβ£ Appointment & Qualifications of Directors π¨βπΌπ©βπΌ:
Directors are appointed by shareholders during AGMs. Under the Companies Act, 2013, a director should be a competent individual, not a minor, and should have a Director Identification Number (DIN).
3οΈβ£ Independent Directors βοΈπ©βπΌ:
Under the Companies Act, 2013, all listed companies and certain categories of unlisted public companies are required to have at least one-third of the total number of directors as independent directors. They provide an unbiased perspective and maintain corporate governance standards.
4οΈβ£ Duties and Responsibilities of Directors ππ:
The Companies Act, 2013, Section 166, provides a list of statutory duties of directors, which includes acting in good faith, promoting the objects of the company, and ensuring the company’s interests.
5οΈβ£ Director’s Liability β οΈβ:
Directors could face personal liability for fraudulent, unlawful, or wrongful acts. Their fiduciary duties involve the potential for personal liability if they cause the company to engage in businesses outside its statutory purpose.
6οΈβ£ Removal of Directors π«π¨βπΌ:
As per Section 169 of the Companies Act, 2013, a director may be removed by an ordinary resolution, providing the director in question an opportunity to present their case before removal.
By understanding these pivotal points, you’ll grasp the broad overview of the role and regulations of the Board of Directors under Indian Company Law. Happy learning, and feel free to share your thoughts!