age limit to be a director

[Trupti Shah]

Hello,

If a person is at the age of 74 and he wants to start OPC then what is the way to appoint him as a director in OPC at the time of formation?

Above 70 years of age, he is not eligible to be a director as per the act so what are the ways?

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Thanks & Regards

Trupti I. Shah

Company Secretary

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

[CS V Kartik]

I think it's 75 years. Not 70. There are so many companies where persons above 70 are still continuing as directors.

Kartik

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[Trupti Shah]

thanks for the reply Kartik Ji

but in Section 196, It is mentioned age limit of upto 70 years. so I am still not clear about the same

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[CS V Kartik]

Ok. Yes Sec 196 says he should not be appointed as managing director or manager or whole time director. However, if it all company wishes to appoint him in either of the 3 categories, then special resolution shall be passed in such cases.

Kartik

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[Trupti Shah]

Kartik Ji,

Here I am forming one OPC in which that person will be appointed as a Director (executive director) cum subscriber so can I appoint him as a director? As special resolution is not possible because company is not yet formed

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[CS V Kartik]

Then in such cases, you will have to form an OPC with some other person who's above 21 & below 70.

Kartik

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[Trupti Shah]

thank you 

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[Ronak Gupta]

Dear all,

Pls note that section 196 does specifically talk for appointment of MD or WTD or manager only. 

In case of incorporation, there are no restrictions has been specified as such relating to age of the proposed directors.

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Thanks & Regards
Ronak Gupta
Company Secretary
Delhi
9910226715

[CS V Kartik]

Dear Ronak,

In the above case, she has clearly specified that she wants to appoint him as executive director which is nothing but WTD. So he can't be appointed under such category even during incorporation.

Kartik

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[Ronak Gupta]

Dear Kartik,

I agree with you, but In my opinion, there is some difference between executive director and WTD. 

Every executive director may or may not be WTD. 

Pls correct me if it’s otherwise.

[sujit kumar Satapathy]

If your age is not more than 18years, you can not apply for PAN under the income tax act and if you have no PAN then you can't apply for DIN under the companies act 2013.

S. K. SATAPATHY & ASSOCIATES
CS SUJIT KUMAR SATAPATHY
N-1/319, IRC VILLAGE, BHUBANESWAR, 751015, ODISHA
9778771417, 7978566658
sujitsata...@gmail.com

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[CS V Kartik]

Dear Ronak,

Mere meaning of executive director is nothing but he's involved into the whole time working of the company. If he's not involved on full time basis, then he will be determined to be a non-executive director.

Kartik

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[JAI PRAKASH Jagdev]

Yes it is 75 Years above age Limit.

J P JAGDEV

CS

M.A., LL. B., M.B.A. FCS

22-A, KANSHI NAGAR

MODEL TOWN,

AMBALA CITY -134003

HR IN

99960 20660

94160 20660

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[Trupti Shah]

thanks to all for the reply and many professionals have taken good interest and involvement in my query

once again thanks to all 

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[Ronak Gupta]

Dear Kartik,

Agree to you in entirely. Thanks for enlighten to all of us by sharing your knowledge.

[preeti gupta]

pls clarify 

what is the minimum age limit to be appointed as executive director.

18 yrs or 21 yrs

thanks in advance

On Wed, Apr 6, 2022 at 1:26 PM Trupti Shah <cstrup...@gmail.com> wrote:

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Thanks & Regards,

CS Preeti Gupta

ACS, MSc(IT), BSc(CS),

Partner, 

Spark & Associates,

9977850565

[CS V Kartik]

18 years of age. It can be any position. However, to be appointed as a director, he has to be minimum of 18 years of age. Secondly, it depends from company to company. Certain companies insist that to be appointed on an executive level, he needs some practical experience. So it's upto their discretion.

Kartik

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[preeti gupta]

ok thank you

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[Rabi Narayan]

21, IF WHOLE TIME DIRECTOR

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[Srinivas Pallapu]

Hi Preeti Gupta,

As per section 196 (3) of the Companies Act, 2013, No company shall appoint or continue the employment of any person as managing director, whole-time director who is below the age of twenty-one years:

Accordingly, the minimum age of an executive director should be 21 years.

Regards,

CS P. Srinivas

M/s. P Srinivas & Associates

Company Secretaries

Mobile: +91-9000521398

Email: sriniva...@gmail.com

On Wed, Jul 13, 2022 at 3:21 PM CS V Kartik <karv...@gmail.com> wrote:

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[CS V Kartik]

Oh sorry. I stand corrected. For applying DIN, a person should be minimum 18 years of age. As per Sec 196(3) for being appointed as MD, WTD, a person should be minimum 21 years of age.

Kartik

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[CA Shubham Nanda]

Between 18 to 21, a person can become a Non-Executive Director.

On attaining 21, change the designation from Non-Executive to Executive.

Thanks & Regards

CA Shubham Nanda

Contact No. 9711018234
Email Id: shubhamn...@gmail.com

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