Compliances for a private limited company (urgent)

This query is : Resolved 

Querist : Anonymous (Querist) 30 October 2012

Dear Sir

We are a pvt. ltd. company not a subsidary of any public ltd co. Please Clarify the following.

1) How to find out whether a Director has been shown in the ROC records as executive director or a non- executive director?

2) Can salary be given to an executive Director not specifically specified as a Managing Director/ Whole Time Director as per ROC records?

3) We desire to pay two directors salary of Rs. 1,80,000.00 each annually, w.e.f. 01/04/2012. Any form required to be filed w.r.t ROC.

Please help

Ajay Mishra (Expert)
30 October 2012


For this, please check Form-32 of such director.

The provisions of remunerations of the Companies Act, 1956 will not apply to private limited company. Private limited is govern by their articles. If articles is silent then you can pay remuneration without any restrictions.

Querist : Anonymous (Querist) 31 October 2012


What about compliance with ROC. Is there no compliance required?

NB: Directors as per Form 32 filed previously were shown as executive directors

Ajay Mishra (Expert)
31 October 2012


If the Form-32 shown that you have appointed as executive director then you are free to pay remuneration to director from Rs. 1 to any amount subject to company's articles.

Querist : Anonymous (Querist) 31 October 2012

As per current provisons remuneration attracts service tax. I want to pay salary so service tax can be avoided. Still u say that no roc compliance required. ???? or any other formalities??

Ajay Mishra (Expert)
31 October 2012

Salary is covered TDS and sitting fees is covered service tax.

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