Prohibition against director holding ‑ While applying for the approval of appointment, applicant‑ companies are to spell out in special resolutions nature and quantum of perquisites to be allowed to a relative director
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Perquisites disclosure requirement: specify nature and quantum in special resolutions and match benefits to equivalent employees. Approval for appointing relatives to offices or places of profit must be supported by special resolutions that specify the nature and quantum of perquisites proposed, and such perquisites must be of the same kind and rate as those granted to other employees of equivalent grade. Companies should attach evidence, such as company rules or auditor certificates, with applications to demonstrate that the proposed benefits are admissible to equivalent employees and to facilitate scrutiny under the statutory approval process.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Perquisites disclosure requirement: specify nature and quantum in special resolutions and match benefits to equivalent employees.
Approval for appointing relatives to offices or places of profit must be supported by special resolutions that specify the nature and quantum of perquisites proposed, and such perquisites must be of the same kind and rate as those granted to other employees of equivalent grade. Companies should attach evidence, such as company rules or auditor certificates, with applications to demonstrate that the proposed benefits are admissible to equivalent employees and to facilitate scrutiny under the statutory approval process.
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