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Section 16: Prohibition of common directors.

The Banking Regulation Act, 1949Central Act · Act 10 of 1949

[16. Prohibition of common directors.--[(1) No banking company incorporated in India shall have as a director in its Board of directors any person who is a director of any other banking company.

(1A) No banking company referred to in sub-section (1) shall have in its Board of directors, more than three directors who are directors of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent.of the total voting rights of all the shareholders to that banking company.]

(2) If immediately before the commencement of the Banking Companies (Amendment) Act, 1956 (95 of 1956), any person holding office as a director of a banking company is also a director of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the share-holders of the banking company, he shall, within such period from such commencement as the Reserve Bank may specify in this behalf--

(a) either resign his office as a director of the banking company; or

(b) choose such number of companies as among themselves are not entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the share-holders of the banking company as companies in which he wishes to continue to hold the office of a director and resign his office as a director in the other companies.]

[(3) Nothing in sub-section (1) shall apply to, or in relation to, any director appointed by the Reserve Bank.]

Where this provision sits

ActThe Banking Regulation Act, 1949
Section16
Marginal noteProhibition of common directors.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 95 of 1956. . Subs. by Act 95 of 1956, s. 5, for s. 16 (w.e.f. 14-1-1957).
  • substituted, Act 20 of 1994. . Subs. by Act 20 of 1994, s. 7, for sub-section (1) (w.e.f. 31-1-1994).
  • inserted, Act 58 of 1968. . Ins. by Act 58 of 1968, s. 4 (w.e.f. 1-2-1969).

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