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Section 162 of the Companies Act 2013: Appointment of Directors to be voted individually

SECTION-162 (Appointment of directors to be voted individually) under CHAPTER-XI (Appointment and Qualification of Directors) of the Companies Act, 2013


(1) At a general meeting of a company, a motion for the appointment of two or more persons as directors of the company by a single resolution shall not be moved unless a proposal to move such a motion has first been agreed to at the meeting without any vote being cast against it.

(2) A resolution moved in contravention of sub-section (1) shall be void, whether or not any objection was taken when it was moved.

(3) A motion for approving a person for appointment, or for nominating a person for appointment as a director, shall be treated as a motion for his appointment.





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 162 of the Companies Act 2013 was notified by MCA Notification S.O. 2754(E) dated 12th September 2013 (w.e.f. 12th September 2013) - link

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

(4) 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
11.
Chapter XI, section 162.
Shall not apply.


(5) 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
17.
Chapter XI, section 162.
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.


(6) 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
43.
Section 162
Shall not apply






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

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