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    Register of contracts - Whether for proper compliance of the section contracts have to be brought before the board and relevant details entered in register
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    Register of contracts compliance requires board presentation and formal register entry for all prescribed contracts.
    Contracts that fall within the prescribed classes must be presented to the board and the requisite particulars entered in the statutory register; retrospective or informal entries do not meet the statutory requirement, and no relaxation of the board presentation and register entry obligations is permitted under the present wording of the provisions.
    Interested directors - Contracts in which directors are interested
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    Interested director transactions: agency sales may trigger statutory restriction; aggregate annual dealings with connected parties fall under limits.
    Contracts between a company and a dealer on a principal to principal basis are outside the interested director restriction unless the dealer sells or supplies goods as an agent of the private company or firm manufacturing those goods. The monetary threshold applies to the aggregate of purchase or supply transactions over a calendar year between the company and a connected counterparty, defined to include a director or relative, a firm with such a partner, other partners of that firm, or a private company of which the director is a member or director.
    Foreign Companies - Filing of documents with Registrar - Failure to file registration of charges within prescribed period
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    Filing obligation for foreign companies: failure to register charges within prescribed period requires application to court under section 141.
    Foreign companies must file particulars of shares relating to creation of charges with the Registrar of Companies in New Delhi and the Registrar of Companies of the State where the principal place of business is situated within the prescribed period (originally twenty one days, later thirty days); failure to file within the prescribed period should be remedied by applying to the court for relief under the relevant statutory provision.
    Whether provisions of the section extend to contracts with public as well as private companies in which directors are interested
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    Director interest rule extends to contracts with both public and private companies, covering indirect interests.
    The provision captures a director's interest "in any way directly or indirectly," extending its reach beyond rules limited to specified direct contracts and applying to contracts with both public and private companies. The term "body corporate" in the clause is to be read by reference to the statutory definition and is not limited to private companies, thereby applying to corporate entities generally for the purpose of regulating directors' interested contracts.
    Whether details regarding placing of matter before board need not be shown
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    Board placement disclosure: details need not be shown for contracts exempted from board consideration due to delegation.
    Section 301's disclosure obligation covers contracts falling under both the immediate board presentation provisions and the wider related contract provisions; but if a contract under the latter category is not presented to the board owing to a valid delegation of authority or other reason, details of placing the matter before the board need not be shown.
    Disclosure of interest ‑ Whether provisions of the section extend to contracts with public as well as private companies in which directors are interested
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    Disclosure of interest applies to contracts with both public and private companies where directors have any direct or indirect interest.
    The disclosure provision adopts a broad standard of interest, covering any direct or indirect interest, so the term body corporate must be read by reference to its statutory definition and is not limited to private companies; the disclosure obligation therefore applies to contracts with both public and private companies where a director has an interest.

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      Companies Law

      Whether details regarding placing of matter before board need not be shown

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      Board placement disclosure: details need not be shown for contracts exempted from board consideration due to delegation.
      Section 301's disclosure obligation covers contracts falling under both the immediate board presentation provisions and the wider related contract ... Summary

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      ActsIncome Tax