Exemption of section 43 to pvt. company

    Posted By : Damini / Published on : 11-Sep-2020 12:11 PM / View : 19 / Comment : 0
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    Dear Sir,
    can some one help me to understand the exemption term mentioned in notification dated 5.06.15 while exempting section 43.
    it says .In case of private company - Section 43 shall not apply where memorandum or articles of association of the private company so provides. -

    Notification dated 5th june, 2015.
    now my question, is we compulsory mention in our AOA or MOA that section 43 is not applicable on or company to avail this exemption and if we issue differential voting right (DVR) with inserting every term relating to DVR in AOA without mentioning specific exemption of section 43, makes our issue in contradiction of Law as section 43 is still applicable or the mentioning terms in the AOA satisfy the term so provides in notification.

    Read more on : company section exemption

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