Query regarding md apppointment

577 views 1 replies

MD was appointed in a private limited Co. at annual salary of Rs.1750000/- ( monthly Rs.145833/-) for term of 3 years starting from 29/05/2010 and the term will end by 28/05/2013 

Subsequently the co. converted in to pub. ltd co. w.e.f. 9/11/2010

RELEVENT INFOMATION:

1. Date of incorporation - 13/08/2009 ( AS A PVT. LTD)

1. From the date of appointment of MD , the co. has no profits (as the commercial opperations of the co. yet to start)

2. At the time of appointment the co. paid up capital was Rs.140000/-

3. now ( 12/09/2011) the paid up capital of the Co. is Rs.368074200/-

QUERY:

1. whether the co. need  to comply the provisions of section 269 /schedule -XIII of the CA,1985

 if  the MD conitinues with the same salary and tenure i e. up to 28/05/2013

 

THE  VIEWS OF EXPERT EMBERS SOLICITED

 

Thanks

CS KRISHNA.CH

09912450688

 

Replies (1)

Dear Member,


MCA has relaxed provision by vide their press note dated 8 Feb 2011, regarding the remuneration of MD and now Company can pay his remuneration as approved by shareholders even if the Company is not having profits for that particular year.


As far as Secretarial Compliance is concerned, pass one more special resoluton in partial modification to earlier resolution, specifying Minimum Remuneration clause is now not applicable.



Regards

Jaideep Pandya

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details