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Who can be Director of a Company in India?
The Appointment of Director(s) in any
Company in India is governed by the Companies Act, 2013 (hereinafter referred to as "the Act").
There are mainly two kinds of
Directors of a Company:
(1) Executive Director (includes Managing Director, Whole-time
(2) Non-Executive Director (includes
Independent Director, Nominee Director etc.)
Age limits for Directorship:
The Companies Act has not prescribed any age
limit on a person to become a Director of the Company.
To be a Director (of any kind) a person
must have attended the age of majority as the competency to enter into a
contract comes with the attainment of majority.
However Schedule V of the Act has put a mandatory condition that the Managing Director / Whole time
Director / Manager to be appointed must have completed age of 21 years (earlier under companies act 1956 it was 25 years) and has not
attained the age of 70 years.
A person can be appointed as the the Managing Director / Whole time
Director / Manager even if he has attained
the age of 70 years, by taking shareholders approval by passing of a special
resolution in a general meeting.
The Central Government approval will not be required further if the company takes shareholders approval as said above.
In a Listed Company the age of
Independent Director to be appointed should not be less than 21 years of age –
as per the Clause 49 of Listing Agreement .
Nationality of a Director:
No nationality specific restrictions under
the said Act as to the appointment of Directors.
Hardly to find, any articles of
association of a Company restricting appointment of Directors on Nationality
A Company can not become Director in
According to Section 149(1) of the
Act, only individuals shall be appointed as Directors, that means no body corporate, association or firm shall be
appointed director of a company.
Disqualified person can not be a
A person disqualified to be a appointed
/ re-appointed as Director under Section 164 of the Act can not be appointed a
Director of a Company. (read more about director disqualification : click here) How to find the details of Directors of a company in India The Directors' details of any Company in India is made available at the MCA - Ministry of Corporate Affairs's site. Watch this video tutorial on how to find the Directors' details in MCA site: youtube.com/watch?v=-tbasCHLVno