Membership

rohit nerlekar (Querist) 10 March 2020 This query is : Resolved
In the case of pvt. ltd. company maximum members are 200 if one of the member died who owned share capital of rs. 100000 if that share capital divided in 10 person i.e. 10000 each whether they are treated as members and if figure goes above 200 members pls. let me know what is the provision as per law?

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This discussion addresses the membership limit of 200 for private limited companies. It clarifies that if a deceased member's shares are divided, the recipients become members. If this division causes the total number of members to exceed 200, the company may need to convert to a public limited company, depending on its Articles and Memorandum of Association and any resolutions passed.

KISHAN DUTT KALASKAR (Expert) 10 March 2020
Dear Sir,
It depends upon the resolutions to be passed in accordance with Memorandum of Articles and Articles of Association.

Raj Kumar Makkad (Expert) 10 March 2020
If the number of members has not been limited to maximum 200 then those persons purchasing shares of the company shall definitely become members of the company to the extent of their shares.

P. Venu (Expert) 11 March 2020
Why "if" - is this not a real query?

Rajendra K Goyal (Expert) 12 March 2020
Please state clear facts. It seems academic query.

Rajendra K Goyal (Expert) 13 March 2020
However, the membership in case of Pvt. Ltd. Co. is restricted to 200.

T. Kalaiselvan, Advocate (Expert) 18 March 2020
You my go through the AOA or the MOA of the company in this regard and also the resolution passed by the company to divide the shares of the deceased shareholder.
If there is a resolution passed in this regard and the other shareholders ca be accommodated as per the resolution, then the company may adopt the resolution

Rajendra K Goyal (Expert) 18 March 2020
Since, in the mentioned case, the membership would increase the statutory limit in numbers, move for conversion to Public Ltd. Co..

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