Promoter Remuneration



The remuneration of a promoter, may be paid in cash or partly in cash and partly in shares and debentures f the company.

But in the absence of an agreement with the company after its incorporation a promoter can not file a suit in a court of law for the recovery of his remuneration and other preliminary expneses incureed by him because he acted for a person who is yet to take birth and therfore there can not be any binding contract in the absene of consensus an idem between the two parties.

Thus, even where the AOA provide that the company shall reimburse the expneses incurred by the promoters, or to pay remuneration to the promoters after incorporation, such a provision in the AOA is not binding on the comapany. AOA is only power giving document not give the right to utilize this power.

For reciving his remuneration and all expenses a contract with company has to be made after its incorporation by a resolution passed in metting of BOD. 




About the Author

Student CA IPC / IPCC

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details