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14 May 2014 Need a small info from experts here. If a pvt ltd company need to pass resolution for increasing salary of directors, do we need to pass a special resolution or will it be an ordinary resolution ?

Also, Is there a need to notify MCA/ROC about this through form MGT-14 about these resolutions ?

If yes, is there a need for the ceritfication of this form from CA/CS in case of a small company (less than 40 lakh turnover ?) Or can we submit this form just with digital signature of the Director ?


14 May 2014 Resolution is a must. If AOA do not provide otherwise-
i) ordinary will suffice.

ii) section 179(3) of the Companies Act,2013 will not apply.

iii) section 117 of the said act does not apply.

iv) meaning thereby filing of MGT-14 is not required.

14 May 2014 Thanks for the info.

On a similar note, if we ever file MGT-14 , do we have to get pre-certification of the same from CA/CS (assuming we are small company as per company act) ?

Thanks,
Divya






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