Companies (Removal of Difficulties) Order, 2018

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..... ery director (including an independent director) shall be appointed by the company in general meeting; And whereas, sub-section (10) of section 149 of the said Act provides that subject to the provisions of section 152, an independent director shall hold office for a term up to five consecutive years on the Board of a company, but shall be eligible for re-appointment on passing of a special resol .....

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..... ss, such stakeholders have suggested for reviewing section 169 of the said Act, which, inter-alia, deals with the removal of independent directors; (ii) in view of the fact that presently an independent director is re-appointed for second term under sub-section (10) of section 149 of the said Act, only by way of a special resolution, such independent director can be removed by an ordinary resolu .....

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..... ion in the Official Gazette. 2. In the Companies Act, 2013, in section 169, in sub-section (1), (i) before the proviso, the following proviso shall be inserted, namely : "Provided that an independent director re-appointed for second term under sub-section (10) of section 149 shall be removed by the company only by passing a special resolution and after giving him a reasonable opportunity .....

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