This discussion clarifies whether a board meeting and resolution are always required when a private limited company sells a fixed asset. While not universally mandatory, the company's Memorandum of Association (MOA) and Articles of Association (AOA) may stipulate such requirements. Section 179(3) of the Companies Act, 2013, along with Rule 8 of the Companies (M.O.D & its Powers) Rules, 2014, are relevant to these decisions.
05 February 2021
Hi, Does board meeting need to be held and board resolution need to be passed mandatorily for sale of any fixed asset of private limited company?
06 February 2021
Not mandatory, but subject to the provisions, if any , in the MOA /AOA of the company. Inference :- Section 179(3) of Co's Act,2013 r.a.w rule 8 of Co's (M.O.D & its Powers) Rules,2014.