Effectiveness of Special Resolution

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Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2010 When does decisions taken in General Meeting becomes applicable?

Is it the date on which the special resolution is passed?

Or

Is the date of filing the special resolution with RoC?

Please specify relevant case laws and section.

Ajay Mishra

Ajay Mishra (Expert)
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16 December 2010 Hi

Date of General Meting in which special resolution is passed by majority of shareholders.

Read Section 189 and 192 of Companies Act, 1956.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2010 Thanks Ajay.

What if there is delay in filing the special resolution with the RoC?

CA Ayush Agarwal

CA Ayush Agarwal (Expert)
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16 December 2010 Yes,Fees Will Be Increased if Not Filled Within 30 Days of Passing Resolution

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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16 December 2010 Belated compliance for which additional filing fee is payable.

Jayashree S Iyer

Jayashree S Iyer (Expert)
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16 December 2010 Effective date is the date of general meeting in which the special resolution is passed.

Delay in filing attracts additional fee payment.

Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2010 Thanks.

I have actually read through various sections like 189 and 192 as also suggested by Ajay.

However, there is noting very crisp and clear with respect to effectiveness of special resolution.

I would be very happy, if you can kindly let me know specific ruling / case law with this regard.

Ankur Garg

Ankur Garg (Expert)
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16 December 2010 It is effective from the Date of General Meting in which special resolution is passed by majority of shareholders.

Late filinf with ROC does not not make any diff.

Querist : Anonymous

Querist : Anonymous (Querist)

17 December 2010 Thats the interpretation, which we are drawing. However, it would be best, if we can support the same with case laws.

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