Appointment of IDs: SAT's ruling clears the air
Financial Express Mumbai|May 10, 2023
THE SECURITIES APPELLATE has ruled against the Securities and Exchange Board of India (Sebi) and NSE in a recent matter that pertains to the appointment of an independent director (ID) by Nectar Life Sciences.
ASHLEY COUTINHO
Appointment of IDs: SAT's ruling clears the air

This is an important ruling from the perspective of filling up the casual vacancy by the death of an ID, said experts. "Many companies that have not obtained prior shareholders' approval can take shield of this order and avoid penalty accordingly," said Gaurav Pingle, a chartered accountant. "The word 'unless' in Regulation 17(1A) does not mean 'prior approval' northe requirement of passing a special resolution is a qualifying condition for appointment of a person as a director."

The matter

SS Chauhan, who died on November 22, 2020, was a non-executive ID at Nectar Life Sciences, resulting in a casual vacancy in the board of directors. This vacancy was required to be filled up within three months. On February 13, 2021, the company appointed Ajit Singh Dhillon, who is over 75 years, as an additional ID.

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