Section 297


This query is : Resolved 

13 March 2012 Dear All,

We have a Public Ltd. Company whose share holding pattern is as under

Equity Capital 95 lacs
Preferance Share Capital 91 lacs
Total 1.86 Lacs

Now my question is Section 297 says if the paid up capital is more than 1 crore then if we enter in to contracts where directors are interested we have to take permission from Central Government.

But, Does Paid Up Capital includes Preference Share Capital or not?

Whether yes or not and what is the logic?


Thanks in advance

Vishwas

Ajay Mishra (Expert)
13 March 2012 Hi


Paid up capital includes preference shares also. For more updates check your latest Annual Return. Also check capital clause of MOA.

For more details check master data of company on mca portal.



Regards

14 March 2012 Dear Sir,

Thanks for your quick reply.

My question is
For Calculating 1 Crore Paid Up Capital limit regarding Section 297
Shall we include Preferance Share Capital in Paid Up Capital.

Thanks
Vishwas

Ajay Mishra (Expert)
14 March 2012 Hi


Yes, as earlier said paid up capital includes preference shares capitals.

Jiten Gupta (Expert)
14 March 2012 Agree with Ajay Sir!!

Check the following Link


https://www.mca.gov.in/Ministry/pdf/Circular_52-2011_25july2011.pdf


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