Minor be a member in pvt ltd co.

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CA PRATEEK CHOUDHARY (Querist)
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23 November 2011 hii frnds..
please tell me that can ' A minor be a MEMBER(not director) in a private limited company..
if posible plss quote the relevant sec or reference of another act.
Regards
Prateek

Charu Srivastava

Charu Srivastava (Expert)
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23 November 2011 Yes Minor can be a Shareholder only through his guardian..

RG - A Helping Hand

RG - A Helping Hand (Expert)
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23 November 2011 Agree with Expert

The Company Law Board held in Nandita Jain v. Bennett Coleman & Co. Ltd. that a minor applying (through her natural guardian) for being registered as a member of a company, was entitled to be so registered if the shares were fully paid up.

So a minor can be a shareholder through his/her guardian for fully paid shares.

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CA PRATEEK CHOUDHARY

CA PRATEEK CHOUDHARY (Querist)
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23 November 2011 thanx a lot frnds 4 ur valuable replies.. :-)..

Srirang Mahabhagwat

Srirang Mahabhagwat (Expert)
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23 November 2011 Dear Experts,

To bring a case in this regard In Palaniappa vs. Official Liquidator, Pasupati Bank Limited, an application was made by a father as guardian of his minor daughter, it was held that since a minor is incompetent to contract he cannot become a member.

Wat say???

Mukta Suyal

Mukta Suyal (Expert)
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23 November 2011 First of all you need to check the AOA of the Company, if AOA permits then only a minor can become the member of the Company.

And a minor can become member only of the fully paid shares and not of the party paid up shares.

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