Applicaibility of section 297

Facts:-

1) Company A & B, both private limited Company

2) One Director is common

3) Holding Co.of  A& B is same.

4) Company A is planning to sale it fixed assets like Vehicle / Computer to Company B at market price and in cash.

Query

Wheter section 297 atttracts

 

Thanks

 

 

Replies (6)

Section 297 applies to all companies, public as well as private. However, it does not apply to the contracts where both the parties to the contract are public companies. The section would apply where one of the two companies (being parties to the contract) is a private company and the other is a public company, but in such a case, it will have to be complied with by the public company only.

Therefore in this case section 297  apply

 

Thanks, but will it make any difference if there is no written contract is executed between Co.A&B

 

 

 

Mr. Sunil 
 
Transaction between two private companies attracts Section 297 of companies act but under section 297(2)(a) if any transaction is For Cash at prevailing market prices Section 297 would not be applicable, and  hence, there is no requirement for obtaining approval of the Board and/or Central Government, under the provisions of Section 297. However, these transactions would come within the purview of Section 299 and hence, thereby would require an entry in the 301 Register.
 
(please clarify whther  the holding company is private or public company?)
 
 
 
 

 

See Contract can be oral or written which can be enforceable in law.

There is no such requirement.

But comply with Sec 299 & 301

See Contract can be oral or written which can be enforceable in law.

There is no such requirement.

But comply with Sec 299 & 301

The Holding Company is also Private Limited Company.

So I can conclude that 297 is not applicable for said case.

 

Thanks

 

Sunil

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