Reg sections not applicable to pvt cos

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Hello

Is there a list of sections under Companies Act, 1956, the provisions of which are not applicable to private companies available? Kindly post the same if available as this would help us in quickly classifying the scope of the sections.

Thanks

MADHU

Replies (4)

You can find that in Munish Bhandari's Book for CA Final.

Hi,

 

Some of the sections which are not applicable to a private company:

 

1. Provisions of further issue of capital section 81

2. Provisions of holding statutory meeting section 165,

3. Provisions of prospectus

4. Provisions of managerial remuneration section 309, 310, 311

5. Provisions of appointment of managerial personnel section 269

6. Provisions of retirement of director by rotation section 255 and 256

7. Section 170 contain certain exemption for pvt. Companies regarding meetings.

8. Section 274(1)(g)

9. A pvt . company is not required to obtain certificate of commencement of business Section 149

 

Regards

 

Also find attach herewith the desired list:

 

 

PROVISIONS NOT APPLICABLE TO A PRIVATE LIMITED COMPANY

 

 

Section

Descripttion of the matter

77

Providing financial assistance for purchasing shares.

81

Further issue of shares to the existing shareholders.

85 to 90

Kind of share capital, voting rights, issue of shares with differential voting rights, etc.

111A

Appeal against refusal to register a transfer or transmission of shares.

149

Obtaining commencement of Business Certificate.

165

Holding statutory meeting and forwarding copy of the statutory report to members or to ROC.

170 to 186

Length of Notice for calling General Meeting, contents and manner of Service of Notices, Explanatory Statements, Quorum for meeting, Chairman of meeting, Restrictions of voting rights, etc.

192A

Passing of resolution by Postal Ballot.

198

Ceiling on overall managerial remuneration.

204

Restriction on appointment of any firm, body corporate to office or place of profit.

255

A proportion of directors to retire every year.

257

Giving of 14 days notice by a new candidate for office of directorship.

259

CG approval for increasing number of directors beyond 12.

263

Appointment of two or more persons as directors by a single resolution.

264

Consent to act as director to be filed with Registrar.

266

Restriction on appointment or advertisement of director as regards consent and qualification of shares.

268, 269

CG approval for amendment of any provision relating to appointment/reappointment of a whole-time director/director not liable to retire by rotation.

273

Holding of share qualification by director and acquiring qualification shares.

274(1)(g)

Default in repayment of deposit or payment of interest will not disqualify a director of a Private Company.

275, 2781

Restriction on person becoming director of more than 15 companies.

292A

Formation of Audit Committee.

293

Restrictions on powers of board of directors in relation to certain acts.

295

Restriction on loans to directors, etc.

3001

Restriction on interested directors from participating in the board proceedings and exercising their votes.

309, 310, 311

Payment of remuneration to the directors or increase in their remuneration.

316

Restricition on number of companies of which a person may be appointed managing director.

317

Restriction on period of appointment of managing director/manager for more than 5 years at a time.

349/350

Determination of net profit for remuneration of director.

370, 372

Restrictions on giving loans or guarantees to other companies or on making investment in the shares of the other companies (up to 30-10-1998).

372A

Restrictions on giving loans or guarantees to other companies or on making investment in the shares of the other companies (w.e.f. 31-10-1998).

409

Tribunal’s power to prevent change in the board of directors.

Note: 1.

Sections 265, 275, 278, 300, 388A and 416 are applicable to a private company, if it is a subsidiary or a holding company of a public company.

 

 


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