QUICK BITES - INDEPENDENT DIRECTOR – NEW ERA - Series 515
Quick Bites
INDEPENDENT DIRECTOR – NEW ERA
06TH
DECEMBER, 2019
Detailed
article on Independent Director has already been shared on
Independent directors have a crucial role to play
for keeping good governance practices. In order to ensure the basic literacy of
company law, securities law and accountancy among Independent directors and to
boost Corporate Governance standards in India, the Govt. has decided to
introduce online proficiency self-assessment test for Independent directors.
Subsequently,
MCA has notified the Companies (Appointment and Qualification of Directors)
Fifth Amendment Rules, 2019, and the Companies (Accounts) Amendment Rules, 2019.
The notifications shall come into force with effective from Dec 01, 2019.
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FAQ’s
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1.
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To get empanel with
Data Bank of Independent Director DIN is mandatory or Not?
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DIN is not mandatory for
empanelment of any person for Data Bank of Independent Director. If a person
not having DIN can get empanel with PAN.
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2.
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A foreign national don’t
have DIN and PAN. How can he get empanel for the same?
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He can get empanel by passport
no and providing basic contact information, such as email, mobile No. etc.
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3.
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How to create Login
Id and password on Independent Director’s Databank?
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Log in ID and Password
shall be share by the authority on Mobile No and email ID.
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4.
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Which type of
details required to fill in the form?
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·
Personal Details
·
Professional Details
·
Education Details
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5.
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Whether need to
disclose director’s ship in all the Companies?
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Person have to mention
details of companies in which He Is Or Was directors along with following
information:
·
Name of Company
·
Nature of Industry
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Nature of Directorship
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Duration of tenure with dates
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6.
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Whether need to
disclose details of designated partners in all the LLP?
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Person have to mention
details of LLP in which he is or was Designated Partner along with following
information:
·
Name of LLP
·
Nature of Industry
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Duration of tenure with dates
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7.
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Which information of
person shall be displayed on Data Bank?
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In the declaration
section, you also have an option to select the information that you want to
be displayed on the databank.
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8.
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What shall be
subscription plans for the Data Bank?
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There are three
different subscription plans available – 1 Year, 5 Years, and Life time.
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9.
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If a person is
Independent director since years. Need to get enroll himself with Data Bank
or need to pass examination.
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Yes, Existing
Independent Directors also required empaneling themselves for data bank and
needing to pass examination.
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10.
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Whether there is any
limit on no. of attempt of proficiency test?
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There is no limit on the
number of attempts an individual may make for passing the online proficiency
self-assessment test.
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11.
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If Individual fails
to pass the test with in 1 year of addition of his name in data bank. What
shall be consequences?
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In case the above test
is not passed by such individual, his/her name shall stand removed from the
data bank by the Institute.
It
Means after removal they should not continue as Independent Director until unless
they pass the test.
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12.
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If a person fails to
pass proficiency test, can appoint as normal Director?
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They are not disqualified.
They can be appointed as " normal Director "
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13.
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Whether any one is
exempted from the test?
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An individual who has
served, in aggregate, for a period of not less than ten years as a director
and/or a Key Managerial Personnel in a listed public company or in an
unlisted public company having a paid-up share capital of Rs. 10 crore or
more as on the date of inclusion of his name in the data bank shall not be
required to clear the proficiency test.
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14.
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Whether over lapping
period shall be count two periods or one period?
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A period of 10 years as
above, any over lapping period during which an individual has acted both as a
director and/or key managerial personnel (KMP) at the same time in two or
more companies shall be counted only once
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Author
– CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice
from Delhi and can be contacted at csdiveshgoyal@gmail.com).
Disclaimer:
The
entire contents of this document have been prepared on the basis of relevant
provisions and as per the information existing at the time of the preparation.
Although care has been taken to ensure the accuracy, completeness and
reliability of the information provided, I assume no responsibility therefore.
Users of this information are expected to refer to the relevant existing
provisions of applicable Laws. The user of the information agrees that the
information is not a professional advice and is subject to change without
notice. I assume no responsibility for the consequences of use of such
information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE INFORMATION
Is Independent Directors had received a notiv=ce of Fraud In Accounts do not blow whistle in Directors Board Meeting for 3 years. Fraud is a serous one. Dividend paid out of capital , illegal payment of Dividend . How to proceed for Such Independent Directors , One is CA,One Doctor , another is IIM MBA? CS also is a part, Secretarial Auditor had been served with a notice?? Please give me your Phone number to contact.
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