Sec. 274 (1) (g)
This query is : Resolved
Guest
Guest
(Querist)
11 April 2009
Sir, section 274 (1) (g) of companies act, 1956..... is this section applies to private companies as well or only for public companies?
Whether a director of private co. if disqualified on the same terms as mentined in above section then can he be appointed as a director in another private company?
Whether a director of private co. if disqualified on the same terms as mentined in above section then can he be appointed as a director in another private company?
11 April 2009
director of a private company is not disqualified but public co. is disqualified for appointment in a pvt. co.
11 April 2009
DISQUALIFICATION APPLICABLE FOR APPOINTMENT OF A DIRECTOR OF A PRIVATE COMPANY
Disqualification under section 274 (1) (g) is applicable for appointment of directors both in public as well as private companies. Thus, a person who has attracted disqualification, will not be capable of being appointed as a director even of a private company.
DISQUALIFICATION APPLICABLE FOR APPOINTMENT OF A DIRECTOR OF A PRIVATE COMPANY
Disqualification under section 274 (1) (g) is applicable for appointment of directors both in public as well as private companies. Thus, a person who has attracted disqualification, will not be capable of being appointed as a director even of a private company.
11 April 2009
https://www.vmandaonline.com/ARTICLES/274-Disqualification.doc
11 April 2009
In your case, the director of a private co is eligible to become a director of another private company.
Sec 274 (1) (g) says: -
A person shall not be capable of being appointed director of a copany if:
-- such person is already a director of a public company which
(i) has not filed the annual accounts........ and;
(ii) has failed to repay its deposits..........
This section is pretty clear that only if a person is a director in public company which has made default as mentioned above, can not become director in any company.
In your case, the director of a private co is eligible to become a director of another private company.
Sec 274 (1) (g) says: -
A person shall not be capable of being appointed director of a copany if:
-- such person is already a director of a public company which
(i) has not filed the annual accounts........ and;
(ii) has failed to repay its deposits..........
This section is pretty clear that only if a person is a director in public company which has made default as mentioned above, can not become director in any company.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- About TDS & Income Tax
- Section 194JA & JB Income which ITR Form to use
- Pass word to open justification report for Q1 for FY 2026-27
- PPF interest-As Exempt Income disclosure
- Under construction property in ITR
- Scrutiny and reopening of past returns
- Booth for sales promotion
- Upload Level ValidationITR3Category of Defect B/D
- Building tax payment deduction in rental Income
- F & O PROFIT REPORTING FOR AY 2026-27
- Difference in GSTR3B system generated which is correct and actual Payment it asks
- Indian IT Portal issue in computing tax as per UK-India DTAA
- Capital Gains on sale of residential flat
- PF Taxable Income
- Clarification on Tax Audit Applicability and Reporting of F&O Transactions in ITR-3
- Interest credited in FY2025-2026 & TDS therein by EPFO does not reflect in AIS or Form 26AS
- 44ad eligble money lending interest
- Taxation in the hands of Landowner under JDA
- Delisted shares sold in off market/ Rebate u/s87A
- In Exports Sales HSN details where to fill
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
