26% of the Subscribed Share Capital of a company is held in combination by LIC(20%) and Nationalized Bank(6%).
In such a case, Is there's a need to pass the Special Resolution for appointment of the Auditor in that company?
26% of the Subscribed Share Capital of a company is held in combination by LIC(20%) and Nationalized Bank(6%).
In such a case, Is there's a need to pass the Special Resolution for appointment of the Auditor in that company?
I think special resolution needed wait for experts like ankur garg to comment on this
In terms of section 224A, a company in which not less than 25% of the subscribed capital is held by :
1. a public financial institution or a government company or the Central Government, or any State Government, or
2. any financial or other institution established by any Provincial or State Act in which a State Government, holds not less than 51% of the subscribed share capital,
3. a nationalised bank or an insurance company carrying on general insurance business; or
4. any combination of the above categories
shall appoint or re-appoint an auditor in the annual general meeting only by passing a special resolution.
Refering to the above provision, it could be concluded that, since the share capital is held by LIC, an institution created by statute (Point no 2) and a nationalised bank (point no 3) is greater than 25%, the appointment of auditor requires a special resolution.
Regards
M R M
if lic is a public fin institution then YES
Dear Sharad Saini
LIC is a statutory authority created by the LIC Act, 1956. .
Hence point 2 in my post will be applicable for LIC
Regards
M R M
| Originally posted by : MRM | ||
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In terms of section 224A, a company in which not less than 25% of the subscribed capital is held by : 1. a public financial institution or a government company or the Central Government, or any State Government, or 2. any financial or other institution established by any Provincial or State Act in which a State Government, holds not less than 51% of the subscribed share capital, 3. a nationalised bank or an insurance company carrying on general insurance business; or 4. any combination of the above categories shall appoint or re-appoint an auditor in the annual general meeting only by passing a special resolution. Refering to the above provision, it could be concluded that, since the share capital is held by LIC, an institution created by statute (Point no 2) and a nationalised bank (point no 3) is greater than 25%, the appointment of auditor requires a special resolution. Regards M R M |
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Special resolution as per me as well.
@ himanshu : MRM is correct in his views..
@ sharad : you surprise me
deepesh
i was not sure about share holding pattern of LIC.... i still dont know it if u can tell me then i will be thankful to u....
GOI holds 100% of LIC
GOI holds 100% in LIC ^_^
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