Team Lead
7558 Points
Joined November 2011
You will also have to comply to teh provisions of sectin 293(1)(e) of teh companies act 1956 whihc states as follows:
Section 293
RESTRICTIONS ON POWERS OF BOARD.
(1) The Board of directors of a public company, or of a private company which is a subsidiary of a
public company, shall not, except with the consent of such public company or subsidiary in
general meeting, -
(e) contribute, after the commencement of this Act, to charitable and other funds not directly
relating to the business of the company or the welfare of its employees, any amounts the
aggregate of which will, in any financial year, exceed fifty thousand rupees or five per cent of its
average net profits as determined in accordance with the provisions of sections 349 and 350
during the three financial years immediately preceding, whichever is greater.
Explanation 1 : Every resolution passed by the company in general meeting in relation to the
exercise of the power referred to in clause (d) or in clause (e) shall specify the total amount up to
which moneys may be borrowed by the Board of directors under clause (d) or as the case may
be, the total amount which may be contributed to charitable an other funds in any financial year
under clause (e).
. Explanation III : Where a portion of a financial year of the company falls before the
commencement of this Act, and a portion falls after such commencement, the latter portion shall
be deemed to be a financial year within the meaning, and for the purposes, of clause (e).