Register u/s 301 of the companies act

Others 3551 views 2 replies

Guys,

         I am the Sole Proprietor of X as well as the Managing Director of Y (P) Ltd. where the other and only director is A.

I and A together create a new company named Z (P) Ltd. Funds are often transferred from X and Y (P) Ltd. to Z (P) Ltd.

How does Register u/s 301 applicable to Z (P) Ltd. ?  Please note that there is no formal arrangement to transfer funds. Do I have to pass a resolution in a board meeting to make it a formal arrangement and then keep Register u/s 301 for compliance with section 297 and 299 of the Companies Act, 1956 ?

Live example....only change of names..

Replies (2)

Here Section 301 of the companies act, 1956 read with section 297 and 299 , you are not required to disclose your interest as it doesnt involve sale or purchase, only transfer of funds.

It will not attract sec 297 but disclosure under sec 299 is reqd. Further the funds are transfered as loan but private company cant take loan from person other than its directors, directors relative and members. If it does so it attracts sec 58A


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