Corporate law

Others 707 views 4 replies

Shabnam Siddiqui

Company Secretary

152 Points Posted on 13 May 2013

Does renting a car from MD to a public company, in which he is a MD, attract section 297? Since in the Act, definition of Services has not been provided. And moreover, it is not the general business of MD to rent a car to anyone.

An early response shall be appreciated.

Thanks

Replies (4)

Devendra

Chartered Accountant

4780 Points Posted on 13 May 2013

According to Section 297 of the Companies Act, 1956, the board's consent is to be obtained. If the paid-up capital is Rs. One crore or more, then the previous approval is also to be obtained where a Director of the Company wants to enter into a contract with the company for the sale, purchase or supply of goods or services.

Therefore, in the above case the said Managing Director will have to follow the above mentioned procedure for providing cars on rent to the Company.

Regards,

Devendra Kulkarni

priti

consultant

37 Points Posted on 13 May 2013

Yes , you need to obtain 297 approval ,it is a services he is providing to company no matter it is his general business or not

Guest

Generally...It is in practice to allot a car to director of a Company....So in each case do the Company will attract this section...reply

Manish Mehra

Associate Company Secretary

47 Points Posted on 13 May 2013

Hi all,

Reply to Ms. Shabnam's query: You are right Ms shabnam, renting a car from MD to company is not a normal course of business for Director or for the company. Section 297 applies on such services which falls under business of companies.

Therefore, Section 297 will not be applicable instead section 299 and 301 will be applicable in such transaction.

Reply to Ms. Priyanka's query: Allotting car to Director from Company, generally, will be included in perquisites and forms a part of salary of Director.