will a service rendered by a company secretary or an auditor will fall under contracts of sec 297 if he rendered his service to one of his relative ?.Kindly guide me in this regard
5 Replies
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 15 October 2011
I dont think that secretary and auditors fall under the category of Sec.297.
priyatambika
( ca final student)
(323 Points)
Replied 15 October 2011
sec 297 does not apply to co. secretary or auditor.
sec 297 applies to such pesons:
*a director of the co.
*a relative of any director
*a firm in which such a director or relative is a partner
*any other partner in such a firm
*a pvt co. of which the director is a member or director
CA VISHAL RANA,CS,B.Com,AMFI
(Chartered Accountant in Whole Time Practice)
(4354 Points)
Replied 15 October 2011
agree with Shridi & priyatambika
CA Arindam Dey
(Chartered Accountant)
(117 Points)
Replied 16 October 2011
A combined reading of Section 297 and Section 226 will make it clear that Section 297 would not apply because in any case an auditor cannot be a person referred u/s 297.
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