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Section 160 of the Companies Act 2013: Right of Persons other than Retiring Directors to stand for Directorship

SECTION-160 (Right of persons other than retiring directors to stand for directorship) under CHAPTER-XI (Appointment and Qualification of Directors) of the Companies Act, 2013


(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.

(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.





Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link


(2) Section 160 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014) - link

(3) Further, refer the Companies (Appointment and Qualification of Directors) Rules, 2014 (w.e.f. 1st April 2014) link
[Also check amendments, if any, to the Companies (Appointment and Qualification of Directors) Rules, 2014]

(4) Section 8 Companies - MCA Clarification - General Circular No. 38/2014 dated 14th October, 2014 - link


(5) Section 8 Companies - MCA Notification G.S.R. 466(E) dated 5th June, 2015 - link


Serial
Number
Provisions of the Act
Exceptions, Modifications and Adaptations
12.
Section 160.
Shall not apply to companies whose articles provide for election of directors by ballot.


(6) Nidhis(Nidhi Companies) - MCA Notification G.S.R. 465(E) dated 5th June 2015 - link

Sl. No.
Provisions of the Companies Act, 2013
Exceptions, modifications and adaptations
9.
Section 160
In sub-section (1), for the words “one lakh rupees”, the words “ten thousand rupees” shall be substituted.


(7) Private Companies - MCA Notification G.S.R. 464(E) dated 5th June 2015 - link

Serial
Number
Chapter/Section number/Sub-section(s) in the Companies Act, 2013
Exceptions/Modifications/Adaptations
10.
Chapter XI, section 160.
Shall not apply.

(8) Govt. Companies - MCA Notification G.S.R. 463(E) dated 5th June 2015 - link

Sl. No.
Chapter Number/Section number/Sub-section(s) in the Companies Act, 2013
Exceptions, Modifications and Adaptations
16.
Chapter XI, section 160.
Shall not apply to—
(a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments;
(b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company.

(9) Specified IFSC Public Company - MCA Notification G.S.R. 08(E) dated 4th January, 2017 - link

Serial
Number
Provisions of the Companies Act, 2013 (18 of 2013)
Exceptions/Modifications/Adaptations
41.
Section 160
Shall apply as per the articles framed by the company.




This page was last updated on 29th March, 2017.

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