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CS Executive · Company Law and Practice · Directors

Mr. Sharma is proposed to be appointed a director of a company in general meeting. He has not yet been allotted a Director Identification Number or any other prescribed number. Which statement is correct?

Mr. Sharma cannot be appointed. The Act provides that no person shall be appointed as a director unless he has been allotted a Director Identification Number, or any other number prescribed under the Act. Articles cannot waive this, and the thirty-day period applies only to filing consent.

  1. AHe can be appointed and may obtain the DIN within thirty days after appointment
  2. BHe cannot be appointed unless he has been allotted a DIN or other prescribed numberCorrect
  3. CHe can be appointed if the articles permit it
  4. DHe can be appointed but cannot vote at Board meetings until he gets a DIN

Explanation

No person shall be appointed as a director unless allotted a Director Identification Number or any other number prescribed under the Act. The thirty-day period relates to filing consent with the Registrar, not to the DIN. The articles cannot override this requirement.

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