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Hi, Sec 197 sub section 1 states that the remuneration payable by a public company shall be within the limit specified therein. However in sub section 3, it states nothwithstanding anything contained in sub section 1 and 2, and further it uses the word 'company'only. In this regard my query is, whether the 197 sub section 3 read with schedule V of the Act will be applicable to a private limited company

Section 197- Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits.

Posted By: Rishav saraf 8 year(s) ago

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    Shivam Singhal

Section 197 regulates remuneration payable by a public company to its directors. The words 'a public company' in sub-section (1) restrict the application of the section to public companies. Therefore, Section 197 does not apply to a private company (except a private company which is subsidiary of a public company). Although the words 'public company' appear in only sub-section(1), going by the principle of interpretation that a section should be interpreted by reading it as a whole.

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