Compliance u/s 117 of the companies act 2013
This query is : Open
CA Gaurav Ajit Potdar
(Querist)
28 December 2014
kindly help in clarifying this doubt
Facts:
a) Section 180 places restrictions on Board to exercise certain powers only with the consent of the company by a special resolution, which covers borrowing of money exceeding limits specified. this section is applicable from 12th September 2013,
b) Section 117 Requires certain resolutions to be filled with the ROC, which also includes special resolutions applicable in section 180 of the companies act 2013.Section 117 is applicable from April 2014
Query:
If a Company passes a resolution u/s 180 on 14th September 2013 then is this resolution required to be uploaded with ROC under section 117 ?
My View:
As per my view it is not necessary as date of applicability of section 117 is April 2014 hence resolutions passed prior to April 2014 need not be uploaded
Kindly provide your opinions/veiws
Facts:
a) Section 180 places restrictions on Board to exercise certain powers only with the consent of the company by a special resolution, which covers borrowing of money exceeding limits specified. this section is applicable from 12th September 2013,
b) Section 117 Requires certain resolutions to be filled with the ROC, which also includes special resolutions applicable in section 180 of the companies act 2013.Section 117 is applicable from April 2014
Query:
If a Company passes a resolution u/s 180 on 14th September 2013 then is this resolution required to be uploaded with ROC under section 117 ?
My View:
As per my view it is not necessary as date of applicability of section 117 is April 2014 hence resolutions passed prior to April 2014 need not be uploaded
Kindly provide your opinions/veiws
CS Mitesh Mehta
(Expert)
29 December 2014
Section 117 is notified from 1st April, 2014, there is no requirement for filling the Form MGT-14 for resolution passed on or before 31st March, 2014
Message likes :
2 times
Swati Sethi
(Expert)
29 December 2014
There is no requirement to file MGT-10 but still you nedd to file e-form 23 at that time to the ROC.
Message likes :
1 times
CA Gaurav Ajit Potdar
(Querist)
09 January 2015
Is it mandatory to file form 23. as we have passed this resolution in the month of Sept.and have not yet filled MGT - 14 nor form 23. What would be the penalties and solution for the default.
CA Gaurav Ajit Potdar
(Querist)
09 January 2015
Is it mandatory to file form 23. as we have passed this resolution in the month of Sept.and have not yet filled MGT - 14 nor form 23. What would be the penalties and solution for the default.
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