Section 204 - Restriction on appointment of firm or body corporate to office or place of profit under a company. - Companies Act, 1956

Restriction on appointment of firms and bodies corporate to offices Restriction on appointment of firm or body corporate to office or place of profit under a company. 204. [1] [(1) Save as provided in sub-section (2), no company shall, after the commencement of this Act, appoint or employ any firm or body corporate to or in any office or place of profit under the company, other than the office of [2] [* * *] trustee for the holders of debentures of the company, for a term exceeding five years at a time: Provided that the initial appointment or employment of a firm or body corporate to or in any office or place of profit as aforesaid may, with the approval of the Central Government, be made for a term not exceeding ten years.] [3] [(2) * * *] (3) Any firm or body corporate holding at the commencement of this Act any office or place of profit under the company shall, unless its term of office expires earlier, be deemed to have vacated its office immediately on the expiry of five years from the commencement of this Act. (4) Nothing contained in sub-section (1) shall be deemed to prohibit the re-appointment, re-employment, or extension of the term of office, of any firm or body corporate by further periods not exceeding five years on each occasion: Provided that any such re-appointment, re-employment or extension shall not be sanctioned earlier than two years from the date on which it is to come into force. (5) Any office or place in a company shall be deemed to be an office or place of profit under the company, within the meaning of this section, if the person holding it [4] [obtains from the company anything] by way of remuneration, whether as salary, fees, commission, perquisites, the right to occupy free of rent any premises as a place of residence, or otherwise. (6) This section shall not apply to a private company, unless it is a subsidiary of a public company. --------------------------------- Notes:- [1] Substituted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 57, for sub-section (1). [2] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. as provisions relating to managing agents, secretaries and treasures or had become redundant after abolition of system by Act 17 of 1969. [3] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. as provisions relating to managing agents, secretaries and treasures or had become redundant after abolition of system by Act 17 of 1969. Prior to its omission, sub-section (2) read as under: [ (2) Sub-section (1) shall be apply to the appointment or employment of a firm or body corporate as a technician or a consultant, ___ (i) unless the firm or body corporate aforesaid is already the managing agent or secretaries and treasures of the company; or (ii) unless a partner in the firm aforesaid being a private company; or a director of the body corporate aforesaid not being a private company, is __ already the managing agent of the company; or a member of the firm a director or member of the private company, or a director of the body corporate nor being a private company, which firm, private company or body corporate is already the managing agent or the secretaries and treasures of the company. [4] Substituted by the Amendment Act, 1960, Act 65 of 1960, section 57, for "obtains anything".