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Jayanta Bandyopadhyay   14 September 2024

Directors cum shareholders cum employee-- trinity?

In a unlisted public ltd co[ purely family run], all shareholders except one are directors. They draw commission, dividend, profit sharing, meeting attendance fees as well. Further , they [ all family members] draw salary, pf. Gratuity etc.

Could one put leg into 2 shoes at the same time? All are interested except one. Then how it could be done. 

Kindly guide.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

A director who is in whole time employment of the company or a managing director may be paid remuneration either by way of a monthly payment or at a specified percentage of net profits of the company or partly by one and partly by the other.

Deduction towards PF can be made if he is not opted for excluded employee with in the meaning under the Act. Directors getting remuneration shall be excluded. Partners shall be excluded. Self employed (proprietor) if getting salary, is to be counted for computation of employees for coverage.

Directors salaries is exactly what it says on the tin. A sallaried directors pay. Director's remuneration is the amount paid to the directors of a company either in cash or by using the company's property with approval from the shareholders and board of directors. It includes salary, bonus, other rewards, etc

Jayanta Bandyopadhyay   15 September 2024

Grateful. 

Out of 7 shareholders,  6 are directors. The only one person holds 0.005% shares. If everybody is interested,  how such a poor guy could approve everything,? It is daylight that something is fishy. 


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