Format of Notice under Section 160 of Companies Act, 2013


FORMAT OF NOTICE UNDER SECTION 160 OF THE COMPANIES ACT, 2013 FOR PROPOSING THE CANDIDATURE OF A PERSON AS DIRECTOR OF THE COMPANY

(1) In case a person proposing the candidature of him/herself for getting appointed as Director of a Company

Date: ________

To
The Board of Directors / Company Secretary,
(Company’s Name)
(Company’s Address)

Dear Sir,

            Sub.: Notice u/s 160 of Companies Act, 2013
I, Mr./Ms. _________, do hereby give notice under Section 160 of the Companies Act, 2013, signifying my intention to propose my candidature for the office of Director of (Company’s name), in the ensuing Annual General Meeting of the Company or any adjournment thereof.

I also remit hereby an amount of Rs. 100,000/- (Rupees One Lakh Only) being the deposit along with this Notice pursuant to the aforesaid provisions.

Kindly acknowledge the receipt.

Thanking You,
Yours sincerely,

(Signature)
(Name of the Person)


Encl.  Demand Draft / Cheque bearing No. __________ dated ______________ for Rs.  100,000/- drawn in favour of ‘(Company Name)’.

(2) In case a member of the Company proposes the candidature a Person for his /her appointment as Director of the Company

Date: ________

To
The Board of Directors / Company Secretary,
(Company’s Name)
(Company’s Address)

Dear Sir,

            Sub.: Notice u/s 160 of Companies Act 2013

I Mr./Ms. _______, holder of _____ Equity Shares of Rs. __/- each fully paid-up, in the Company, do hereby give notice under Section 160 of the Companies Act, 2013, signifying my intention to propose the candidature of Mr./ Ms.________ for the office of Director of your company (Company’s name), in the ensuing Annual General Meeting of the Company or any adjournment thereof.

I also remit hereby an amount of Rs. 100,000/- (Rupees One Lakh Only) being the deposit along with this Notice pursuant to the aforesaid provisions.

Kindly acknowledge the receipt.

Thanking You,
Yours sincerely,

(Signature)
(Name of the Member)
Folio No. ____ / DP ID ______________ Client ID ______________
No. of shares held: ____

Encl.  Demand Draft / Cheque bearing No. __________ dated ______________ for Rs.  100,000/- drawn in favour of ‘(Company name)’.


Notes: 
(1) Refund of Rs. 1 lakh : The amount of Rupees One Lakh deposited with the Company, shall be refunded to such person / member, as the case may be, if the person whose candidature is proposed succeeds in getting elected as a director in the general meeting or gets more than 25% of total valid votes cast either on show of hands or on poll on such resolution.
(2) The corresponding provisions for section 160 of the companies act 2013 was earlier prescribed under section 257 of the companies act 1956.