Role of Independent Women Director in shaping Companies environment

Boards of directors may be one of the remaining bastions of male dominance in the country’s corporate environment. Women on the board, who were largely relatives of the powers that be, usually kept their mouths shut. This institution, on the other hand, has now risen up. In addition, the number of women nominated as directors in Indian corporations is likely to rise. Further in this blog, we will look at the roles of women directors in companies, as well as the requirements for their selection under the Companies Act of 2013.

Women Directors under the Companies Act, 2013

Women’s empowerment does not mean that a woman can just play a supporting function in a corporation; rather, she should be involved in higher-level decision-making. According to current data, European countries are the most likely to appoint women to company boards of directors. Also in accordance with the same Companies Act of 2013 provides that- within one year of the second provision to Section 149(1) of the Act taking effect, every listed business must nominate at least one woman director.

Every other public business with a paid-up share capital of Rs. 100crores or a turnover of Rs. 300crores as of the final date of its most recent audited financial statements must appoint at least one woman director within one year of the second provision to Section 149(1) of the Act taking effect.

Why it is important to have women directors?

According to research, having a woman on the board of directors increases output and sales while also improving the company’s corporate social responsibility. It has been established that companies with a woman on the board of directors have a higher return on equity (4.4%) than companies with sole men on the board, with an average annual increase of 1.8 percent. This holds true for both family-owned and private businesses.

Also, having a female director can help in a variety of ways, including:

• Enhanced risk management and decision-making diligence.
• As a strategy, gender diversity is used.
• Improved financial outcomes.
• Good administration.
• The improvement of a company’s performance.

Role of Women Directors

• Gender diversity on corporate boards is one of India’s most contentious issues. Previously, women were always viewed as second-class citizens in all parts of life, but as time has passed, certain laws have been implemented by the government to ensure that men and women are treated equally.
• Women’s participation in the workplace in the twentieth century. Although few women are involved in high-profile businesses, the government has mandated the participation of at least one woman director on the Board of Directors, and the influence may be seen in the Company’s financial success.
• However, Women directors must perform the same duties as males. Women can serve as Nominee Directors, who nominate by a company party to look after the firm’s interests.
• Women can also hold the position of Independent Director, which is not subject to rotation.
• Independent Women directors are limited to a total of twenty directorships, with a sub-limit of 10 public businesses. Any violation of this portion would result in a fine ranging from Rs.5000 to Rs.25000.

Requirements for the appointment of women as a director

• Obtain the Proposed Women Director’s Written Consent and Declaration.
• Form MBP-1 can obtain from the Proposed Women Director.
• Getting a DIN number and a digital signature certificate
• Nomination and Remuneration Committee Meeting
• Call a Board of Directors meeting [as per section 173 and SS-1].
• Form DIR-12 should submit to the ROC.
• Making the necessary entries in the Board of Directors’ Register.
• At the Annual General Meeting, make the selection of an additional woman independent director a regular occurrence.
• ROC must receive Form DIR-12.
• File a Necessary Amendment Application under the Acts such as; Labour laws Act, GST, Foreign Exchange Management Act, etc.

Tenure and Vacancy of the position

From the date of appointment, a woman director can occupy the office of Director until the following Annual General Meeting. She has the right to run for re-election at the general meeting. Women directors’ terms are subject to rotation, much like those of other directors. A Woman Director, like any other director, can give notice to the firm and tender her resignation at any time before the end of her term.

Before the end of her time as an Independent Director, a Woman Director may leave the company for any cause, including resignation, removal, automatic vacation, or retirement by rotation. This position, known as an intermittent vacancy, must file within three months by the Board of Directors. A company can have more than one woman director, and the vacancy produced by one of them will not deem an intermittent vacancy as long as the firm complies with the Companies Act of 2013.

Conclusion

Women’s empowerment is critical to the social and economic growth of any country. It may take time to achieve gender equality in the workplace, but the continuous increase in female employees across industries is tremendously encouraging. Iceland, Norway, Finland, and Rwanda are among the countries making progress in terms of gender diversity. India, on the other hand, ranks 108th on the list, with many women working for free or not working at all due to social constraints. As a result, women lack leadership positions across industries. It will undoubtedly take time for this paradigm change to occur. The answer is to increase the number of women in the workforce, offer them more flexibility, and provide them with the tools they need to succeed.