Section 314 of the companies act, 1956

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Nivedita Dixit (Querist)
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20 March 2012 The Board of directors of Ujwal Pvt. Ltd. having a paid-up share capital of `1 crore consists
of two directors, one of them, viz., Bimal, possesses membership of the Institute of Company
Secretaries of India. The company desires to appoint him as a Company Secretary also.
Would the provisions of section 314 come into effect ? State the legal position.

The above question was asked in December 2011 exam.

Ajay Mishra

Ajay Mishra (Expert)
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20 March 2012 Hi

Appointment of a person who is a director as a company secretary in the company would fall within the ambit of section 314 and would require the approval of the company by Special Resolution.

Regards

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