Companies Act, 2017

Companies Act, 2017 — section 153

153. Ineligibility of certain persons to become director..—A person shall not be eligible for appointment as a director of a company, if he

(a)is a minor;

(b)is of unsound mind;

(c)has applied to be adjudicated as an insolvent and his application is pending;

(d)is an undischarged insolvent;

(e)has been convicted by a court of law for an offence involving moral turpitude;

(f)has been debarred from holding such office under any provision of this Act;

(g)is lacking fiduciary behaviour and a declaration to this effect has been made by the Court under section 212 at any time during the preceding five years;

(h)does not hold National Tax Number as per the provisions of Income Tax Ordinance, 2001 (XLIX of 2001): Provided that the Commission may grant exemption from the requirement of this clause as may be notified.

(i)is not a member: Provided that clause (i) shall not apply in the case of,

(i)a person representing a member which is not a natural person;

(ii)a whole-time director who is an employee of the company;

(iii)a chief executive; or

(iv)a person representing a creditor or other special interests by virtue of contractual arrangements;

(j)has been declared by a court of competent jurisdiction as defaulter in repayment of loan to a financial institution;

(k)is engaged in the business of brokerage, or is a spouse of such person or is a sponsor, director or officer of a corporate brokerage house: Provided that clauses (j) and (k) shall be applicable only in case of listed companies.

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.