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himanshi jain

himanshi jain (Querist)
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24 March 2015 Sir,plz explain sec115 of companies act 2013

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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25 March 2015 Section 115 of Companies Act, 2013 and rule 23 of Companies (Management and Administration)Rules, 2014 deals with Resolutions requiring special notice.

Special Notice is an Intention to move a resolution, as may be required under the provisions contained in the Companies Act or in the Articles of the Company, given to the company in writing.

Special Notice can be given by
1. such numbers of members holding not less than 1% of total voting power; or
2. holding shares on which an aggregate sum of not less than Rs. 5 lakh has been paid up on the date of the notice.

Resolutions requiring special notice
1. Resolution at AGM for appointing an auditor other than retiring auditor or providing expreesly that retiring auditor shall not be re-appointed.
2. Resolution for removal of director and appointing somebody in place
3. In addition to the above, special notice is required if the articles of the company provide for that for any matter

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