Related party transaction

Companies Act 2013 387 views 2 replies

Sir,

My query is related to closely held public Company;

As per Companies Act 2013, If a Company intended to entering to a transactions mentioned in section 188(1) with it's one of Director, it will treated as related party transaction under above mentioned section.If the proposed transactions are not in arms length, Company need to take prior approval from it's shareholders.

While taking approval for this purpose, If any member is interested in any transaction, than such member shall not cast vote in meeting regarding such resolution.

If the Company is a closely held Company and all the share holders in the Company are relatives as per Companies Act.so all are interested

So how can Company can take approval in this case.

Replies (2)

hi,

when there is no objection from any share holder , what stops or whats the purpose of taking an approval.

The purpose of approval is only not to make undue profit out of such transaction. I dont see any such scenario as everyone is related in your case and everyone would be fine with such transacation.

 

Thanks,

Suri

prior approval of shareholders is required only if exceeds the limit prescribed in the rules otherwise by taking boards approval you can enter into transaction with related party


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