1.This section shall not apply to — (a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; (b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company. vide notification no. G.S.R. 463(E) dated 5th June, 2015.
(The exceptions, modifications and adaptations provided above shall be applicable only to those Government Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June, 2017)
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2.This section shall not apply to private companies. Notification no. G.S.R. 464(E) dated 5th June 2015.
(The exceptions, modifications and adaptations provided above shall be applicable only to those Private Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June 2017)
3.This section shall not apply to section 8 companies whose articles provide for election of directors by ballot. Refer notification no. G.S.R. 466(E) dated 5th June, 2015
(The exceptions, modifications and adaptations provided above shall be applicable only to those companies covered under section 8 of the said act which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June, 2017)
4.This section shall apply as per the articles framed by the company for IFSC Public Companies vide Exemption Notification, GSR 08 (E) dated 04.01.2017.
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For Nidhi Companies deposit of ten thousand rupees apply. To view the notification, Click Here
Inserted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification, Click Here
Refer rule 13 of the Companies (Appointment and Qualification of Directors) Rules,2014.To view the rule, Click Here