Query regarding md apppointment

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MD was appointed in a private limited Co. at annual salary of Rs.1750000/- ( monthly Rs.145833/-) for term of 3 years starting from 29/05/2010 and the term will end by 28/05/2013 

Subsequently the co. converted in to pub. ltd co. w.e.f. 9/11/2010

RELEVENT INFOMATION:

1. Date of incorporation - 13/08/2009 ( AS A PVT. LTD)

1. From the date of appointment of MD , the co. has no profits (as the commercial opperations of the co. yet to start)

2. At the time of appointment the co. paid up capital was Rs.140000/-

3. now ( 12/09/2011) the paid up capital of the Co. is Rs.368074200/-

QUERY:

1. whether the co. need  to comply the provisions of section 269 /schedule -XIII of the CA,1985

 if  the MD conitinues with the same salary and tenure i e. up to 28/05/2013

 

THE  VIEWS OF EXPERT EMBERS SOLICITED

 

Thanks

CS KRISHNA.CH

09912450688

 

Replies (1)

Dear Member,


MCA has relaxed provision by vide their press note dated 8 Feb 2011, regarding the remuneration of MD and now Company can pay his remuneration as approved by shareholders even if the Company is not having profits for that particular year.


As far as Secretarial Compliance is concerned, pass one more special resoluton in partial modification to earlier resolution, specifying Minimum Remuneration clause is now not applicable.



Regards

Jaideep Pandya


CCI Pro

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