Minimum no. of members in pvt. ltd. co.

This query is : Resolved 

24 November 2011 THE MINIMUM NO. OF MEMBERS IN A PRIVATE LTD. CO. IS 2 BUT IF A COMPANY IS HAVING 100% OF SHAREHOLDING IN ANOTHER CO. THAN IT IS VALID?
WHY?

24 November 2011 Section 45 of the Companies Act, 1956 states that there shall be atleast 2 members incase of Private limited Company.IF the Company constinues to carry on business with fewer than 2 member, the members shall be severally liable for tha payment of whole debts and can be sued.

So A company cannot hold 100% shares in the company.

Secondly, there is also a violation of Section 174 of the Companies Act, 1956, which says that quoram for a General meeting should be 2 and 7 for private Company and public Company as the case may be.

24 November 2011 Agree with expert.




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