CS Rohit Kumar (Company Secretary | Tax Expert) (65 Points)
29 June 2012u/s 314(1)
excpt with the consent of the comp. accorded by special resolution(a) no directors of a company shall hold any office or place of profit
(ii) under any subsidiary of the company, unless the remuneration recieved from such subsidiary in respect of such office or place of profit is paid over to the company or its holding company.
what does it mean..??
CS Mitesh Mehta
(Company Secretary)
(17139 Points)
Replied 30 June 2012
In the case of an office or place of profit held under any subsidiary, the provisions of the section would not apply if the remuneration received by the person holding the office in respect of such office is paid over by the person to the subsidiary company or to the holding company. In other words, the person obtaining the remuneration for his office or place of profit must return the remunerationto to the subsidiary company or to the holding company.
Accordingly, if a person holding any office or place of profit in the subsidiary company does not obtain any remuneration from the company or from the holding company, he would not be within the purview of section 314.
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