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Disqualifications of directors

Disqualifications of directors (Sec. 274)

A person shall not be capable of being appointed director of a company, if, 
a. He has been found to be of unsound mind by a Court of competent jurisdiction and the finding is in force

b. He is an undischarged insolvent

c . He has applied to be adjudicated as an insolvent and his application is pending

d. He has been convicted by a Court of any offence involving moral turpitude and sentenced in respect
thereof to imprisonment for not less than six months, and a period of five years has not elapsed from the date of expiry of the sentence

e. He has not paid any call in respect of shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call

f. An order disqualifying him for appointment as director has been passed by a court and is in force unless the leave of the court has been obtained for his appointment in pursuance of that section.

The Central Government may, by notification in the Official Gazette, remove :-i. The disqualification incurred by any person in virtue of

clause (d) either generally or in relation to any company or companies specified in the notification; or

ii. The disqualification incurred by any person in virtue of clause (e)

A private company which is not a subsidiary of a public company may, by its articles, provide that a person shall be  disqualified for appointment as a director on any grounds in addition to those specified above.
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