Sec-2 (68) of the companies act, 2013

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Varun Gupta (Querist)
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11 January 2016 Can a Private limited company appoint its shareholders or members under its employment??
And if it is possible, then do this have an impact on the counting of number of members, i.e, whether the number of members of the company will be reduced if the above members/Shareholders comes under company employment?

CS kanak

CS kanak (Expert)
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11 January 2016 Sec 2 (68) “private company” means a company having a minimum paid-up share
capital of one lakh rupees or such higher paid-up share capital as may be prescribed,
and which by its articles,—
(i) restricts the right to transfer its shares;
(ii) except in case of One Person Company, limits the number of its
members to two hundred:
Provided that where two or more persons hold one or more shares in a
company jointly, they shall, for the purposes of this clause, be treated as a single
member:
Provided further that—
(A) persons who are in the employment of the company; and
(B) persons who, having been formerly in the employment of the company,
were members of the company while in that employment and have continued to
be members after the employment ceased,
shall not be included in the number of members; and
(iii) prohibits any invitation to the public to subscribe for any securities of
the company;

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