Shanthi (Junior Student) (226 Points)
30 June 2009Dear All
1) A company was formed with only 2 directors husband and wife with 1500 shares on total
Husband 800 shares
Wife 200 shares
Remaining 500 shares laying idle
Is is correct this way ? Has the company been incorporated correctly ? Is there any legal loophole waiting to be exploited?
2) SInce there are only 2 directors would the husband be automatically considered as managing director since he holds 800 shares?
Shanthi
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 30 June 2009
Dear Ms. Shanthi
In case of private company following is required:
1. Authorised Capital should be minimum one lakh and also paidup capital should not be less than one lakh.
2. Minimum two director is required for private company.
In case of your first question, i think u comply the minimum requirement of private company.
In second question, a director can not autometically considered as managing director, you are required to appoint as MD in accordance with the provisions of companies Act, 1956.
Best Regard
MAYANK GUGLANI
(CA )
(124 Points)
Replied 30 June 2009
helloo Ajay sir,
SIr i dont think that there is any minimum requirement regarding paid up capital should be at least 1lac
please rectify me if iam wrng
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 30 June 2009
Dear Mr. Mayank
If the share price of the mention shares is Rs. 100 each (as the share price is not mention in the earlier question) then the paid-up capital of such company will be Rs. 1,00,000 which comply the minimum requirement of capital clause to form a private company.
Regards
MAYANK GUGLANI
(CA )
(124 Points)
Replied 30 June 2009
Sir I was confirmed about the Authorized capital but not for paid up capital
thank you sir
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