Disclosure of interest by director


This query is : Resolved 

(Querist)
25 September 2009 If pvt. ltd. co. gives advance to HUF for purchase of property of HUF and director shareholder holding more than 20% share in co. is karta of HUF, then is this covered u/s 297 or 299 of Co. Act. What resoltuion is required for the same.

Ankur Garg (Expert)
25 September 2009 Hello,

Section 297 is not applicable as section 297 is not talking about HUF.

However section 299 and 300 are 100% applicable. Director need to disclose his interest in the board meeting considering the proposal.
Also he can't count in quorum and can't vote u/s 300.

Regards

Gaurav (Querist)
25 September 2009 But sec. 300 is not applicable to a pvt. co.

Ankur Garg (Expert)
25 September 2009 Agree with you.

If you are a purely private company then your director is free from the restriction of section 300.


Regards


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