Appointment of minor as a director

Page no : 3

Ankur S Kumar (CA) (204 Points)
Replied 06 September 2012

Dear Aditya, Tanveer and Nehaji,

Let us not comment further on this issue. The quality of above comments just show that members are commenting like kids without having sufficient legal expertise.

It is better to go by opinion of A Ramaiah – an authority on Company Law. It is wrong to assume that RoC is the Supreme Authority on The Companies Act. As Veeralji said that a Petition under Article 226 can be filed in a High Court to adjudicate the most correct interpretation of law.

Regards,

CA A.K. Sharma

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Manjunatha M K (Manager - Accounts) (318 Points)
Replied 06 September 2012

Originally posted by : Tanveer Md Masood
	DEAR MR.MANJUNATHA, INDEED A MINOR IN A PRIVATE COMPANY IS ELIGIBLE TO ENTER INTO A CONTRACT SINCE A PRIVATE COMPANY DOES NOT NEED TO OBTAIN ROC'S APPROVAL. IT IS ONLY IN CASE OF PUBLIC COMPANY THAT FORM 23 ( IF IAM NOT WRONG) IS REQUIRED TO BE FILED AND REQUIRES ROC'S APPROVAL BOTH OF WHICH A MINOR IS UNAUTHORISED TO DO. REGARDS, TANVEER.

Dear Tanveer,

While doing any transactions etc, we should look in to all the relevent Act and Rules. By looking at only one Act, you may commit mistakes.

Eg. As per Income Tax Act Even illegal Income is Taxable. Will you say that illegal things can be done by paying Tax ?

As per Companies Act, you right.

I am referring to Indian Contract Act which prohits a minor to enter in to Contracts.

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)
Replied 06 September 2012

This is Becoming Contradictary.

One Have to Conclude This.

1 Like

CHAMPAK KESARI BURMA (CS) (26 Points)
Replied 06 September 2012

As per Indian Contract Act, a minor is not eligible to contract hence he is not eligible to be appointed as Director in a Private / Public Company.

1 Like

Manjunatha M K (Manager - Accounts) (318 Points)
Replied 06 September 2012

I don't want reply to this, it is once again started from the begining !

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Ankur S Kumar (CA) (204 Points)
Replied 06 September 2012

Dear Mr. Champak, ~~Majnunatha~~ Manjunatha & Aditya,

One who becomes a Majnu of Ramaiah will no more be a Champak but will forever shine like an Aditya (sun). So, please read Commentary to Section 274 of Ramaiah. Then only your confusion will get resolved.

That is all I would like to conclude...

Regards,

CA A.K. Sharma

1 Like

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 07 September 2012

Dear all,

As said by Mr. Sharma, lets finish this topic. Now tell me whoz gonna file petition for this?

Regards,

Aditya

1 Like

(Guest)

Originally posted by : Aditya Soni
	Dear all, As said by Mr. Sharma, lets finish this topic. Now tell me whoz gonna file petition for this? Regards, Aditya