Section 164 of the Companies Act 2013
provides for disqualification for appointment as director of a Company, the
disqualifications for being appointed as a director of a company, as outlined
in the law, aim to maintain high standards of integrity, financial
responsibility, and legal compliance among those holding such positions. Here's
a summary of the key disqualifications: -
1) Mental
Capacity and Insolvency:
·
Declared of unsound mind by a competent court.
·
An undischarged insolvent or with a pending
application for adjudication as insolvent.
2) Criminal
Convictions:
·
Conviction by a court for any offense leading
to imprisonment for not less than 6 months, with less than 5 years elapsed
since the sentence's expiry.
·
Conviction and imprisonment for a period of 7
years or more.
·
Conviction for dealing with related party
transactions under section 188 in the last 5 years.
3) Non-Compliance
with Legal Requirements:
·
Failure to obtain a Director Identification
Number (DIN).
·
Non-compliance with provisions of Section
165(1) relating to the number of directorships held.
4) Financial
Misconduct in Company Management:
·
Director of a company that hasn't filed
financial statements or annual returns for 3 consecutive financial years.
·
Director of a company that failed to repay
deposits, pay interest, redeem debentures, or pay declared dividends for more
than 1 year.
5) Financial
Obligations:
·
Not paying calls on shares held in the company
for over 6 months, whether held individually or jointly.
These criteria serve as a safeguard to
ensure that company directors are capable, responsible, and legally compliant,
reflecting a standard of professional ethics and governance in the corporate
world.