Hello guyz this is just a clarification comment since some students are getting confused that sir we have read after exceeding 11 prcnt SR is required but you said OR is required, So guyz let me clear one thing under First proviso of section 197 nothing is mentioned whether SR is required or OR is required it only says once you exceed the limit of 11 percent approval in General Meeting is required and nothing is mentioned which kind of approval is required whether OR or SR, So when law is silent you can simply pass OR while exceeding the limit of 11 prcnt but under Second proviso it is clearly mention SR for increasing individual Limit. So Accordingly if you exceed overall Limit then OR is required and if you increase individual Limit SR is required.
and some people are also saying that in Second proviso it is SR so in first proviso we are also assuming SR. So there is no problem in that it is just a presumption and SR includes OR. So if you want to pass SR in case of jumping the limit of 11 prcnt then you can do that also because law is silent and there is no violation in that. so for exceeding 11 prcnt limit you can pass anything OR or SR but for increasing individual Limit under second proviso of section 197 only SR can be passed because there is clear cut requirement of SR in second .proviso
Very beautifully explained the requirement of ordinary resolution and special resolution with refernce to the two proviso of section 197(1). Watched videos of others' too but very few could explain it in so detail. Enjoyed watching yours !!
Sir basic ques. This sec 197 is only applicable for Director & manager or is it applicable to CEO, CFO & CS? Second ques. How can there be more than one MD/Manager whereas in beginning it is clearly mentioned that there cannot be MG & Manager in a co.?
Refer section 197 along with section 203 a company cannot have md and manager at the same time but a company can have more than one MD . For more clarity , See my this video and you will get the answer - ua-cam.com/video/2X3JrhpM77w/v-deo.html
Gujju Bollywood Nhi actually 2 chize h read section 197 properly Section 197 ka first proviso kehta h agar aap ko overall limit exceed krni 11 prcnt wali to Khali OR paas krna kyounki vha pe likha h gm me authorize krna but ye nhi btaya OR ya SR but as per second proviso agar hume individual limit jump krni h to SR paas hoga e.g 1 MD ko max 5 prcnt de skte h, lekin agar hum 7 prcnt dena chshte h to hum individual limit exceed kr re h to yha SR paas hoga.
@@aflm-CMA-CS-CA_CLASSES lekin sir, 1st proviso to subject to sch v hai.. Aur sir sch v .. OR to below the limit ke liye aana chahiye na (approval of remuneration at agm)
Hello guyz this is just a clarification comment since some students are getting confused that sir we have read after exceeding 11 prcnt SR is required but you said OR is required, So guyz let me clear one thing under First proviso of section 197 nothing is mentioned whether SR is required or OR is required it only says once you exceed the limit of 11 percent approval in General Meeting is required and nothing is mentioned which kind of approval is required whether OR or SR, So when law is silent you can simply pass OR while exceeding the limit of 11 prcnt but under Second proviso it is clearly mention SR for increasing individual Limit. So Accordingly if you exceed overall Limit then OR is required and if you increase individual Limit SR is required.
and some people are also saying that in Second proviso it is SR so in first proviso we are also assuming SR. So there is no problem in that it is just a presumption and SR includes OR. So if you want to pass SR in case of jumping the limit of 11 prcnt then you can do that also because law is silent and there is no violation in that. so for exceeding 11 prcnt limit you can pass anything OR or SR but for increasing individual Limit under second proviso of section 197 only SR can be passed because there is clear cut requirement of SR in second .proviso
@@aflm-CMA-CS-CA_CLASSES kya baat hai sir... Perfectly abhi samjha
Very beautifully explained the requirement of ordinary resolution and special resolution with refernce to the two proviso of section 197(1). Watched videos of others' too but very few could explain it in so detail. Enjoyed watching yours !!
Ty❤️🙏🏻
Thank you so much sir 😍😍😍😍😍😍😍😍🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻🤗🤗🤗🤗🤗🤗
Sir iske 2nd part ke link share karo do na please
Sir pura section toh aapne bataya nahi explain karke... This video is very helpful. Thank you sir. Neend uda di meri Iss section ne. 😅
welcome 🙏🏻😍
Sir basic ques. This sec 197 is only applicable for Director & manager or is it applicable to CEO, CFO & CS?
Second ques. How can there be more than one MD/Manager whereas in beginning it is clearly mentioned that there cannot be MG & Manager in a co.?
Refer section 197 along with section 203 a company cannot have md and manager at the same time but a company can have more than one MD .
For more clarity , See my this video and you will get the answer - ua-cam.com/video/2X3JrhpM77w/v-deo.html
@@aflm-CMA-CS-CA_CLASSES thank u sir
Kindly also let me know whether sec 197 along with sec 203, is also applicable for CFO, CEO & CS?
14:54
Sir limit exceed krne par CG ka approval bhi lgega?
Vipul Agarwal no vo 2017 ki amendment ke baad cg approval hat gya
Hello sir, aapke videos amazing hai...
but sorry to interupt... but mujhe lagta specl resolution pass karna padega
Gujju Bollywood Nhi actually 2 chize h read section 197 properly Section 197 ka first proviso kehta h agar aap ko overall limit exceed krni 11 prcnt wali to Khali OR paas krna kyounki vha pe likha h gm me authorize krna but ye nhi btaya OR ya SR but as per second proviso agar hume individual limit jump krni h to SR paas hoga e.g 1 MD ko max 5 prcnt de skte h, lekin agar hum 7 prcnt dena chshte h to hum individual limit exceed kr re h to yha SR paas hoga.
It means overall 11 prcnt wali limit jump krni h to OR but Individual limit jump krni h to SR.
@@aflm-CMA-CS-CA_CLASSES lekin sir, 1st proviso to subject to sch v hai..
Aur sir sch v ..
OR to below the limit ke liye aana chahiye na (approval of remuneration at agm)
Even 197 (10) bhi relate kar sakte hai hum.. (remuneration in excess of limits without approval of members)
@@aflm-CMA-CS-CA_CLASSES 197 (10) mein bhi SR hee pass kiya hai