Director's Relatives (Office or Place of Profit) Amendment R

MCA 5351 views 11 replies

 

Director’s Relatives (Office or Place of Profit) Amendment Rules, 2011 - Amendment in rules 3 and 7

NOTIFICATION [F.NO. 17/75/2011-C.L.V], DATED 6-4-2011

In exercise of the powers conferred by clause (b) of sub-section (1) of section 642, read with sub-section (1B) of section 314 of the Companies Act, 1956, the Central Government hereby makes the following rules to amend the Director's Relatives (Office or Place of Profit) Rules, 2003, namely:-

1. (1) These rules may be called Director's Relatives (Office or Place of Profit) Amendment Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Director's Relatives (Office or Place of Profit) Rules, 2003, (hereinafter referred to as the said rules), in rule 3, for the figures "50,000", the figures "2,50,000" shall be substituted.

3. In the said rules, for the figures "50,000", the figures "2,50,000" shall be substituted.

4. In the said rules, for rule 7, the following rule shall be substituted, namely:—

The selection and appointment of a relative of a director holding office or place of profit in the company shall be approved by adopting the same procedure applicable to non-relatives :

Provided that, in the case of listed public companies, the selection of director for holding place of office or profit in the company shall have to be also approved by a Selection Committee.

Explanation.- For the purpose of this sub-rule, the expression "Selection Committee" means a committee, the majority of which shall consist of independent directors and an expert in the respective field from outside the company:

Provided that in case of unlisted companies, independent directors are not necessary but outside experts should be there in the Selection Committee:

Provided further that in the case of private companies, independent directors and outside experts are not necessary.

 

Thanks & Regards

Jaideep Pandya

Replies (11)

Hello! I m nt able to find the same on MCA site......and the copy of notification is nt signed, so can nyone clarify that the applicability of the same notification.......... thanks

Hi Nidhi... I am also trying to search it on MCA portal...hope it will be updated soon...you can put the circular no and googled out...

As far as applicability is concerned... It will be applicable to incumbent appointed on or after date of notification.

Thanks

Hello!

One thing should also be noted wherever the notification is given its not signed by roc official.........so dont u think it doesnt hold any legal validity untill and unless its updated on MCA site..........

 

Regards

NIdhi

Considering part of discussion..Its matter which will require chunk of audiance...next, notification issued by Ministry...so it will be signed from Ministry only...may be Secretary or under secretary....For updating site you point is valid but it will not question the validity of circular or notification...previously site was not there...also some circu;lars are not posted on site...

Same was the the case with notification of Sch-VI...then it was updated and thereafter also clarified...


I am also of the same view...if MCA will not keep updating then what is the trusted centre of information from where we can have all ciculars/updates or whatever...

thank u

 

 

but this notification is not visible in mca site rite noww ..

Thx a lot for d info

Freinds Thanks for your discussion and comments...

Thanks sir for sharing latest amendment....

 

keep sharing.........

This is a signed copy of this notification.

Thanks Prashar

Thanks for sharing.

 

Notification is visible on the site of MCA below is the link for that:-

 

https://www.mca.gov.in/Ministry/notification/pdf/Notification_6apr2011.pdf


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