Promoter Remuneration



The remuneration of a promoter, may be paid in cash or partly in cash and partly in shares and debentures f the company.

But in the absence of an agreement with the company after its incorporation a promoter can not file a suit in a court of law for the recovery of his remuneration and other preliminary expneses incureed by him because he acted for a person who is yet to take birth and therfore there can not be any binding contract in the absene of consensus an idem between the two parties.

Thus, even where the AOA provide that the company shall reimburse the expneses incurred by the promoters, or to pay remuneration to the promoters after incorporation, such a provision in the AOA is not binding on the comapany. AOA is only power giving document not give the right to utilize this power.

For reciving his remuneration and all expenses a contract with company has to be made after its incorporation by a resolution passed in metting of BOD. 




About the Author

Student CA IPC / IPCC


Comments


Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details