Discuss the rules relating to appointment and vacation of office of directors.

      

Discuss the rules relating to appointment and vacation of office of directors .

  

Answers


Martin
Appointment

- The names of the first directors are determined in writing by the subscribers or a majority of them failing which the signatories to the memorandum are the first directors.
-Directors are elected by members in general meeting by an ordinary resolution.
- to qualify for appointment as a director one must:
- Be between the age of 21-70 - Be of sound mind. - Not be an undischarged bankrupt or insolvent. - Not have been disqualified by the court.
A person appointed director must sign and deliver to the registrar for registration a written memorandum.
- If the articles require a director to hold any share qualification a person must take them up within two months of appointment or such shorter time as the articles may prescribe.
-Under section 184 (1) in the case of a public company meeting a motion for the appointment of two or more persons as directors by a single resolution must not be made unless a resolution to that effect has been agreed to by the meeting without any vote against it.

Vacation The office of director must be vacated if the director:
- Is disqualified by the court pursuant to section 189 of the Act.
- Fails to acquire share qualification.
- Is declared bankrupt or makes an arrangement or composition with his creditors generally.
- Becomes of unsound mind.
- Resigns his office by notice in writing to the company.
- Attains the age of 70 unless re-appointed.
- Is removed by an ordinary resolution of members in general meeting absents himself from directors meeting held in over six months without permission of the other directors.
-Dies
-If the company goes into liquidation.

marto answered the question on February 6, 2019 at 09:02


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