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querry regarding sec 274(1)(g)

abhijeet (student) (59 Points)

17 April 2010

does disqualification of sec274(1)(g) applies to a private company which is a subsidiary of public company!!!!!

becoz it is not specified in sec that it is aplicable on pvt company which is a subsidiary of public company as it is done in other sec such as 255!!!

regards

Abhijeet

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6 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 17 April 2010

Yes it is applicable.

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abhijeet (student) (59 Points)
Replied 17 April 2010

Sir

In that case can u plzz tell me in which cases pvt company which is subsidiary of public company will be considered as pvt company only...

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 19 April 2010

Dear Abhijeet,

Disqualification under section 274(1)(g) does not apply in case of Private Company.

However, if the private company is the subsidiary of a public company it will be considered as public company and 274(1)(g) would automatically apply on it.

Neeta (Finance) (345 Points)
Replied 19 April 2010

Section 274(1)(g) clearly applies to pvt co which is a subsidiary of a public company. Any section if it isn't applicable to pvt company will clearly specified so otherwise it implies that it applies to pvt as well public company.

Secondly section 274(3) says that a pvt company which is not a sub of a pub company ( it means a pure Pvt company) can add extra disqualification by its artclies, in addition to that in sub section (1). it doesn't mean it excludes pvt company.

So , as per my view , section 274 applies to private as well as public companies.Please correct if'm wrong.