Interested director- Director of a Co. & Chairman of Govt.body interested

Others 731 views 4 replies

A limited company has to donate some amount to a government body - a Municipality. One director is related to the Chairman of the Municipality as husband and wife. In such an event, has disclosure of interest to be declared and recorded in the board meeting and is such a payment is correct under Company Law?

Replies (4)

I would like to know this answer please any Practising company secretaries viewing this query please respond 

 

Section 297 is applicable only in the cases and prohibits entering into contract with the company only where a director of the company or his relative, a firm in which such a director or relative is a partner, any other partner in such a firm or a private company of which the director is a member or director. This section does not talk of a case where the company deals with a government body. Further, donation to a government body does not involve any case of purchase or sale or supply of goods, material and services and the company will not be directly benefitted through a donation for the common cause. So, I feel no such disclosure is necessary.

 

 

I concur with the view of Mr.K.Aravind, especially when the beneficiary is not a company but a government body, whose funds will be used for some public purposes and the company will not get benefits out of the donation.

Please refer section 293(e) if it is a public company. section 297 is applicable only if contract is for purchase, sale or dispose off any movable property and one or more directors are interested anyway in same contract.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details