How do we interpret Ordinary Course of Business in following section.
Sec 185 - clarification
Ajay Kumar (CS) (37 Points)
27 January 2014Ajay Kumar (CS) (37 Points)
27 January 2014How do we interpret Ordinary Course of Business in following section.
CA CS SUMIT GUDDEWAL
(Employed)
(297 Points)
Replied 27 January 2014
it it is mentioned in moa of the company then it can be construed as ordinary in the course of business
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 01 February 2014
We all know the way Object Clause of MoA is drafted in most of the cases. It covers lot many activities which the company has never undertaken during its lifetime. Hence I feel simply by mentioning an activity in MoA cannot be termed as 'in ordinary course of business' for the company. It will be only the actual business being undertaken by the company that will determine this, e.g. NBFC.