[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> COMPANIES ACT (NORTHERN IRELAND) 1960

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPANIES ACT (NORTHERN IRELAND) 1960 - SECT 176

Retirement of directors under age limit.

176.(1) Subject to sub-sections (2) to (9), no person shall be capable of
being appointed a director of a company which is subject to this section if at
the time of his appointment he has attained the age of seventy.

(2) Subject as aforesaid, a director of a company which is subject to this
section shall vacate his office at the conclusion of the annual general
meeting commencing next after he attains the age of seventy.

(3) Acts done by a person as director shall be valid notwithstanding that it
is afterwards discovered that his appointment had terminated by virtue of
sub-section (2).

(4) Where a person retires by virtue of sub-section (2), no provision for the
automatic reappointment of retiring directors in default of another
appointment shall apply; and if at the meeting at which he retires the vacancy
is not filled it may be filled as a casual vacancy.

Subs.(5) rep. by 1978 NI 12 art.153(2) sch.7

(6) Nothing in sub-sections (1) to (5) shall prevent the appointment of a
director at any age, or require a director to retire at any time, if his
appointment is or was made or approved by the company in general meeting, but
special notice shall be required of any resolution appointing or approving the
appointment of a director for it to have effect for the purposes of this
sub-section and the notice thereof given to the company and by the company to
its members must state or must have stated the age of the person to whom it
relates.

(7) A person reappointed director on retiring by virtue of sub-section (2), or
appointed in place of a director so retiring, shall be treated, for the
purpose of determining the time at which he or any other director is to
retire, as if he had become director on the day on which the retiring director
was last appointed before his retirement; but, except as provided by this
sub-section, the retirement of a director out of turn by virtue of sub-section
(2) shall be disregarded in determining when any other directors are to
retire.

(8) In the case of a company first registered after the commencement of
this Act, this section shall have effect subject to the provisions of
the company's articles; and in the case of a company first registered before
the commencement of this Act

(a)this section shall have effect subject to any alterations of the company's
articles made after the commencement of this Act; and

(b)if at the commencement of this Act the company's articles contained
provision for retirement of directors under an age limit or for preventing or
restricting appointments of directors over a given age this section shall not
apply to directors to whom that provision applies.

(9) A company shall be subject to this section if it is not a private company
or if, being a private company, it is the subsidiary of a body corporate
incorporated in the United Kingdom which is neither a private company nor a
company registered under the law relating to companies for the time being in
force in Great Britain and having provisions in its constitution which would,
if it had been registered in Northern Ireland, entitle it to rank as a
private company; and for the purposes of any other section of this Act which
refers to a company subject to this section, a company shall be deemed to be
subject to this section notwithstanding that all or any of the provisions
thereof are excluded or modified by the company's articles.

© 1960 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/cai1960267/s176.html