Cos 160 — Right of persons other than retiring directors to stand for directorship

Companies Act, 2013

Statutory text

(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 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.

[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.

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