Types Of Directors And Their Duties
Duties of Directors:
Since the directors are the nucleus of the company, Companies act mentions duties of the directors. Following are some important duties mentioned:
- To Act in good faith in order to promote the objects of the company for the benefit of its members as a whole.
- To Act in best interest of company as a whole, its members, its employees, shareholders, community and protection of environment.
- To Act Accordance with the Articles of the company
- To excise his duties with due and reasonable care, skill and diligence.
- Not to do any act this gives any undue advantage or gain to the director or any of its relatives.
Type Of Directors Based on Residence:
- Resident Director:
Any director who was in India for a period of 182 Days or more in the previous calendar year is a resident director.
- Non Resident Director:
Any director who was not in India for a period 182 days in the previous calendar year is a non-resident director.
Type Of Directors Based on Appointment:
- Independent Director:
Independent Director is a director who is not a whole time director or an nominee director or a managing director. Independent Directors are generally who are bough into the board for their relevant expertise and were not promoters of the company or its holding, subsidiary or associate company. - Alternate Director:
An alternate director is a director appointed to act on behalf of the “original director” during his/her absence for a period of not less than three months. No alternate director can be appointed to act on behalf of an independent Director.
- Nominee Director:
Nominee director is a director appointed by any sectoral institution or government or any third person to represent its interests in the company.
- Small Shareholder Director:
Small Shareholders Director is a director appointed by any listed company by small shareholders.
1/10 shareholders or 1000 shareholders whichever is less are called small shareholders. - Shadow Director:
Shadow directorship in a concept and there is real appointment as a shadow director. Any person if on whose direction generally the board makes its decision is called as a shadow director. A shadow director need not have to be appointed and can be held responsible of the board’s decision even without having been appointed to the board. - Additional Director:
Any director who is appoint by the board of directors and not the shareholders are called as the additional directors.
Type Of Directors Based on powers
- Executive Director:
Any director having executive powers is called an executive director. - Non Executive Director:
A director who doesn’t have any execution powers are called a Non Executive director.
Companies Act 2013 also introduced the concept of Woman Director prescribing classes of companies to have at-least one woman director on their board of directors.