Applicability of sec 309 & 310 to a pvt. co.

Hello CA club India !!!

Frnds these are my queries and pls provide me the ans asap

01. are section 309 and 310 of Co Act. regrding remuneration of dirctor also applicable to pvt. compnies

2. Can a subscirber to share capital of a pvt. co. can withdraw his share ? if yes then how?

03. Can a Pvt Co, can pay remuneration to a Director even in case of loss? if yes then to what extent?

Replies (1)

1) Sec.309 is not applicable to pvt companies [Refer Sec.309(9)].  Sec.310 is also not applicable  to private companies [Refer first sentence of Sec.310].

2) What do you mean by withdrawal of  shares?  Subscripttion of  shares is a contract which comes into effect on the date of registration of company.  If decision is changed after signing papers, the same should not be submitted to ROC for registration.  After  registration subscribers automatically become members of the company and hence subscripttion cannot be withdrawn.  In that case they will have to transfer shares.

3) There is no restriction in the Act on payment of remuneration to directors of pvt cos. whether in profit or in loss.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
ARTICLESHIP 23 October 2026
CA Articleship / Article Assistant

M N Rao & Associates LLP

Vijayawada

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details