Non fulfilment of promoter director's equity obligation

Sir

A particular pvt ltd company has an authorized share capital of say 50 lakhs constituting equal share holding of 25% each by four promoter directors. Now one of the promoter directors fails to fulfil his obligation of paying up his share of the equity while the other three directors have fully paid up their respective committments towards fulfilment of their obligation. I request clarity/answers to the following queries related to above situation

a. Can the directors who have paid their parts of the share holding be issued with share certificates ?

b. How long can the Board   permit the defaulting director in terms of time (weeks, months etc) to collect the full authorized share capital as per the Company Law

c. in case of defult by one of the directors as stated above what options can the board exercise .. (such as levying of penal interest, allocation of shares to other directors or new directors etc)

d. can such a defaulting director continue in the Board as a Director with no stake in equity ?

 

Thanks in advance

Sitaram

Replies (1)

Since sections 270 and 272 are not applicable in case of a pvt. co, it shall be governed by the Articles. If the Articles provide qualification shares and for non-payment any penalty, that shall apply.

a. Directors who has paid for their qualification shares, shall be allotted Shares.

b. & c.  Articles may be please checked for time period for acquiring qualification shares.

d. Proviso of Qualification shares are the pre-condition of becoming a director, if he fails to obtain the same, he shall not be considered as director.

Expert may please rectify if any.

 

 

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