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Duties of Director Under Companies Act, 2013

Courtesy/By: Joanna Lisa Mathias | 2021-02-05 09:49     Views : 310

The prudent legislation of the Companies Act 2013 states the duties and liabilities of directors. It is supported and supplemented by the revised corporate governance standards of SEBI [the Securities and Exchange Board of India] (Revised and New Clause 49 of the Listing Agreement) in order to bring in to close harmony the corporate governance standards of SEBI in relation to the listed companies. It can also be briefly stated here that the directors are considered to be the key managers of a company, with particular importance to the listed companies. In companies, they can hold several high and accountable positions, such as Managing Director, Manager, Whole Time Director, or Independent Director. Thus, a company's efficient, flawless, and rather progressive management, and the desired growth and profitability of its enterprises, are certainly largely dependent on its directors' competence and trustworthiness. A director means a director appointed to the board of directors of a company, and the board of directors of a company is the collective body of its directors. The responsibilities and responsibilities of directors provided for in the 2013 Indian Companies Act can be broadly classified into the following two categories:

 

1) The responsibilities and responsibilities that encourage and encourage the sincere investment of the best efforts of managers in-effective and prudent corporate management, the elegant and swift resolution of various business-related issues, including those raised by red flags, and the full maturity and wisdom of decisions to prevent unnecessary risks to the company.

 

2) Trust duties that ensure and ensure that company directors always maintain the interests of the company and its stakeholders, above and beyond their own personal interests.

 

Under Section 166 of the Indian Companies Act of 2013, the following duties and liabilities have been imposed on the directors of companies:

  • A company's director shall act in accordance with the company's Articles of Association (AOA).
  • The company director shall act in good faith to promote the objects of the company, to the benefit of the company as a whole and to the best interests of the company's stakeholders.
  • A company director shall exercise his responsibilities with due and reasonable care, competence and diligence and shall exercise independent judgment.
  • A company director shall not be involved in a situation in which he may have a direct or indirect interest which conflicts with, or may conflict with, the company's interests.
  • A company director shall not obtain or attempt to obtain any undue gain or benefit, either for himself or for his relatives, partners or associates, and if that company director is found guilty of making any undue gain, he shall be liable to pay the company an amount equal to that gain.
  • A company director shall not allocate his office and any assignment thus made shall be void.
  • If a company director breaches the provisions of this section, that company director shall be punishable by a fine of not less than one Lakh Rupee, which may be extended to five Lac Rupees.
  • A company director shall not allocate his office and any assignment thus made shall be void.
  • If a company director breaches the provisions of this section, that company director shall be punishable by a fine of not less than one Lakh Rupee, which may be extended to five Lac Rupees.



It is quite clear from the above illustrations that, through this intelligent legislation on the duties and responsibilities of managers in Indian companies, the Companies Act 2013 sincerely seeks to make corporate management and governance in India rather efficient, fully accountable, transparent, and maximally beneficial to all stakeholders and related professionals.

 

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

Courtesy/By: Joanna Lisa Mathias | 2021-02-05 09:49