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Companies Act, 2013

Section 38

Vacation of office of director

Quick Answer Reference: Section 38 Companies Act

  • Provision: Section 38 of Companies Act
  • Act: Companies Act, 2013
  • Classification: corporate
  • Jurisdiction: India
Statutory Content

What does Section 38 of Companies Act say?

A director may vacate office by giving notice of not less than fourteen days to the company. The director may also vacate office if he is required to do so under any law or the articles of the company. The director may also vacate office if he is removed from office by the company in general meeting. The director may also vacate office if he is disqualified from being appointed as a director under any law.

Indian StandardSection 38, Companies Act, 2013
Bluebook (21st ed.)Companies Act, 2013, § 38 (India)
Court Pleading StandardSection 38 of the Companies Act, 2013
Canonical Web linkhttps://nyaya.cloud/acts/companies-act-2013/38

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 38 Companies Act

What is Section 38 of Companies Act?

Section 38 of the Companies Act, 2013 (Companies Act) defines and regulates "Vacation of office of director". The section states: A director may vacate office by giving notice of not less than fourteen days to the company. The director may also vacate office if he is required to do so under any law or the art...

Landmark Case Laws

Landmark Judgments under Section 38 Companies Act

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 38

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