Does CEOs salary need Govt approval?
Companies will no longer be required
to seek approval of the government for raising the salaries of CEOs and
directors once the the new company law comes into effect, Corporate Affairs
Minister Salman Khurshid has said.
"Essentially, we are shifting
from control to regulation, that's the basic theme (of the proposed Company
Bill)...For CEO's salary coming to us for approval is not something the
regulatory procedure called for," he told PTI.
"Let the shareholders decide,
how much they want to pay someone but there must be disclosure, to us, to the
shareholder, to the public at large," he added. Commenting on the move,
Diljeet Titus, senior partner with law firm Titus and Co, said: "Such
archaic provisions (in Companies Act, 1956) are not in conformity with the
liberalised market environment. However, some checks and balances must be put
in place to prevent CEOs from extracting disproportionate compensation packages
for themselves."
Expressing similar opinion, Aseem
Chawla, partner, Amarchand Mangaldas, said, "This is a welcome move...It
is most desirable that all proposals brought by the government are coherent
with other laws, especially the Direct Taxes Code."
The G-20 meeting of finance
ministers and central bank governors at London recently discussed the issue of
high salary and bonuses being paid by banks and it may come up again at the
Pittsburgh summit this week.
"They (companies) should not
come to us for permission (for every small thing). Whatever can be done, should
be known clearly; whatever can be done by the approval of shareholders should
also be known and there should be transparent declaration and disclosure to the
shareholders," Khurshid said. The
provision of seeking approval of the government for salaries of directors,
Titus said, has outlived its utility and most of the proposal are cleared by
the government in a routine manner without adequate scrutiny.
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