Leave of absence

[VIMAL SHARMA]

Dear Members,

Is Leave of Absence Mandatory for Director not attending the Meeting for last three years.

If so, Should it be in writing? & What are consequences if he is not attending Board Meting for three two years.

Thanks & Regards,

VIMAL SHARMA

[Venkat Ragavan]

yes, Leave of Absence is Mandatory for Director not attending the Meeting it should be granted in the Board Meeting and it has to be mentioned in the minutes book.

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[VIMAL SHARMA]

Sir,

Is it mandatory to have LOA in writing?

After giving LOA for last 3 years, Can a director remain director in a Company w/o attracting sec-283/274?

Thanks & Regards,

VIMAL SHARMA

[Nitin Choudhari]

1. LOA should be in writing (so as to prove the documentation). Even declarations U/s 274(1)(g) should also be signed by Director.

 

2. As per CA 1956, a Director, after obtaining LOA (for each meeting), can remain absebt for such meeting. This may continue for unlimited number of meetings. However, as per Sec 167, CA 2013 (not yet active), if a Director absents himself for a period of more than one year (with or without obtaining LOA) then he is liable to vacate his office.

 

Regards,

Nitin

Thanks & Regards,

Nitin P. Choudhari

[VIMAL SHARMA]

Thanks Nitin Ji

Thanks & Regards,

VIMAL SHARMA

[CS Shainshad Aduvanni]

Dear sir

Leave of absence maybe oral or written.
The chairman of the meeting may grant leave without any letter but has to be informed in advance.

The Companies Act allows any no. of leave of absence to a director.

CS Shainshad Aduvanni

[Venkat Ragavan]

I agree with Mr.Nitin

[Premnarayan Tripathi]

Dear Friend,

 

1.      LOA should be in writing.

 

2.      However, in absence of LOA, if the Board grants LOA to a director and the same is recorded in the minutes, it would be considered as the primary evidence that LOA was asked for.

 

3.      If Board has not granted the LOA, then the office of the director shall become vacant under Sec. 283 of the Companies Act, 1956.

 

4.      As per Sec. 167(1)(b) of the Companies Act, 2013, the Office of a Director shall become vacant in case he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without (emphasis provided) seeking leave of absence of the Board;

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com