Classification of Directors under Companies Act 2013
Definition of Director:
As per Act:
“director” means a director appointed to the Board of a company
Interpretation:
Director is the person which is being appointed by the board members unanimously with the help of poll.
1. Residential Director
According to Act – “Every company shall have at least one director who has stayed in India for a total period of not less than one hundred and eighty-two days in the previous calendar year.” The Definition says that the director should be resident of India which shows the director is responsible for the company and has not been making trips without any worry about the company.
2. Additional Director
According to the Act – “The articles of a company may confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a director in a general meeting, as an additional director at any time who shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier.” This definition says that the articles of the company has authorized the board of directors to appoint the additional directors whenever needed, this additional director would hold the office up to the date of next AGM.
3. Alternate Director
According to the Act – “The Board of Directors of a company may, if so authorized by its articles or by a resolution passed by the company in general meeting, appoint a person, not being a person holding any alternate directorship for any other director in the company, to act as an alternate director for a director during his absence for a period of not less than three months.” This director is to be specifically appointed when the original director or the whole time director is not present in the office due to any of the factors.
4. Women Director
According to the Companies Act 2013, some companies have been compulsory ordered to get at least 1 director as the women director. The list of companies who are required to get there director as women are:
A listed CompanyAny Public company having –Turnover of Rs. 300 crore or morePaid up capital of Rs. 100 crore or more
5. Independent Director
Independent director basically means the director other than Whole time director, Managing Director, or Nominee Director. There are certain reserved criteria for companies to appoint independent directors. The following companies need to have at least 2 independent directors :
Public limited companies having outstanding loans, deposits of Rs. 50 Crores or more.Public limited company having turnover of Rs. 100 Crore or more.Public limited share capital of Rs. 10 Crores or more.
6. Nominee Director
The nominee directors are the directors which are appointed in case of any of the non executive director is not able to continue. Generally they are appointed by the shareholders, but in some cases it may also be appointed by banks or Central government as the case may be.
7. Shadow Director
Shadow director is the new term which has been arrived which means that the person who is not officially appointed by the board but he/she gives such advice to the directors which they are accustomed to follow except when such shadow director provides the same in his professional capacity.
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