Registering a section 25 company in Karnataka

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Hi Friends,

I am helping a UK ngo setup a section 25 company in Karnataka. I am done with my part of research, yet ended up with certain queries un answered. Appreciate any help in this regard...



1. Can a foreign director hold the shares during incorporation of the company?

2. Is it compulsory to have a indian managing director?

3. Can a managing director who is also a member with certain percentage of share be paid remuneration or salary?

4. Whats the procedure to get section 25 license from the regional director?

5. Should the application be submitted to regional director or to the local ROC?

6. whats the meaning of election by ballot?

7. What is the minimum number of board meetings a year?

8. If two directors reside outside india and one in india, can an indian director hold board meeting with proxies of the other two?

9. Is it compulsory to have the board meetings in India or the place of registration?

10. Whats the difference between paid up and working share capital?

11. Is it possible to get a MOA / AOA for a section 25 company which is into providing technology support to the society?

12. Whats the minimum time period required for registering a section 25 companies?

13. Is there any other clearance /license required if one of the foreign director paying all the setup charges including share capital?



Thanks again...

Poornima
Replies (7)
Hi poornima following are answers 1.yes 2.No, foreigner can be also a MD 3. You can not pay salary/ remuneration to MD/Director of a Section 25 company unless you take prior permission of Central Govt. the answers for 4 and 5, I think it is in the drafts forwarded to you by me. 6.For this read Section 179 of the Companies Act 1956. 7.One BM in each quarter, i.e. 4 BMs in a year. 8. No proxies are allowed in BM. 9.No such complusation for the BMs. 10. for this , I am also not aware of such concept! Sorry! 11.Yes it is Possible. 12.At least 2 - 3 monts. 13.Yes, Compliance with FDI of FEMA.
Thanks shilpa.. you are great
Hey Its my pleasure!
I wanted to know where it is stated (legislation/circular etc) that remuneration cannot be paid to Directors of a Section 25 companies. Thank you.

Hi,

I am looking to register a non-profit organization with 2 friends. But I am not sure which option to choose between the section 25 company or a trust. 

 

Plz guide me to choose the better option from a long term perspective.

Thnx

Abhishek

Go in for a trust. It is the easierst.

In a sec 25 Company, MOA & AOA restricts payment of remuneration or benifits to its members & directors. Now the Directors want to take remuneration, and wish to make application to Central Govt seeking permission.

Is there any provision or possibility & if so what is the process to be followed.

Kindly advise.

thanks & regards

 

Manjunath


CCI Pro

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