ABC Ltd. is a non-listed public company with a paid-up share capital of ₹50 crore. It has deposits of ₹10 crore. Its turnover in the last financial year was ₹101 crore. It has 800 equity shareholders and 500 deposit hold

CS Executive · Company Law · PYQS · June 2019
ABC Ltd. is a non-listed public company with a paid-up share capital of ₹50 crore. It has deposits of ₹10 crore. Its turnover in the last financial year was ₹101 crore. It has 800 equity shareholders and 500 deposit holders. Does it mandatorily require to have: (a) A Nomination & Remuneration Committee (b) Stakeholders Relationship Committee ?

Answer & Explanation:

According to Section 178(1) of the Companies Act, 2013 the following companies are required to constitute a Nomination and Remuneration Committee: All listed companies All public companies with a paid up capital of ₹10 crores or more All public companies having a turnover of ₹100 crores or more All public companies having in aggregate outstanding loans or borrowings or debentures or deposits exceeding ₹50 crores. (a) Accordingly, ABC Ltd being a Public company with a paid-up capital of ₹50 crores and also having a turnover of ₹101 crores, will be required to appoint a Nomination & Remuneration Committee under Section 178 (1) of Companies Act, 2013. (b) According to Section 178(5) of the Companies Act, 2013, the Board of every company that has more than one thousand shareholders, debenture-holders, deposit holders and any other security holders at any time during a financial year is required to constitute a Stakeholders Relationship Committee. In the instant case, ABC Ltd. has 1300 stakeholders (800 equity shareholders + 500 deposit holders). Therefore, ABC Ltd. is required to constitute a Stakeholders Relationship Committee.

Topics: Corporate Governance

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