Cracking the Concept of Promoter's Obligation

company general intermediate success_share

Finally did it, scored 25/25 in the General Law paper. The topic that had been haunting me - Promoter's Obligation under Sec 43A of the Companies Act, 2013. I was stuck on this for weeks, reading it over and over. But, today, it all clicked. Sec 43A(1) states, "Save as otherwise expressly provided in this Act, the liability of a promoter who has been named as such in the prospectus or whose name has been so mentioned in the prospectus by him, shall not be restricted to the amount of the shares taken by him." Now, it's clear. I remember it now - promoters cannot escape liability just because they've bought their own shares. Sec 43A(3) goes on to list the exceptions to this rule. Phew, finally understood it!

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Garima ยท Law Student

Yaar, promoter's obligation is a crucial concept. I agree with the point that they have a fiduciary duty to act in the best interest of the company, but it's essential to note that this obligation extends even after the company is incorporated. Promoters cannot just dump their shares and leave the company in a mess. They must ensure the company's success for a reasonable amount of time after incorporation.