Board of general meeting resolutions

Resolutions 921 views 6 replies

Dear Friends,


I need format of Board or General Meeting Resolutions for the following events

1) Sale of Machinery
2) Stoppage of manufacturing activities and cancellation of Sales Tax Registration certificate.
3) Closing of Bank Account
4) Giving the factory building on Rent basis.


pls advisel whether any of the resolutions is to be filed with ROC as per companies act and specify the section.


Thanking you in advance

Replies (6)

Please note all the above activities comes within the power of board and board resolution is required to transact the above businesses.

 

However regarding sale of machinery I would advise you to go through section 293(1)(a), if this includes sale of substantial assets.

 

All 4 activities are routine business activities not covered in a particular section. Further regarding giving the factory building on Rent, please check you object clause of MOA. Such renting activity should be covered by main object clause of MOA.

 

Thanks

Except point no . 1 all the above matters are under the purview of Board and ofcourse Board Resolution would suffice the purpose. Howerver, Sale of Machinery would cover under section 293(1)(a) and Ordinary Resolution need to be passed and form 23 need to be filed in this issue.

 

 

 

 

Thanks to Ankur and ankur srivastava sir for ur valuable suggestions.

Sir, my query is related to a closely held private limited company. In this case also,

whether sec 293 (1)(a) applicable to the company or not and form 23 is to be filed or not sir.

 

Thanking you.

 

Section 293 is applicable only on Public company and a private company which is subsidiary of a public company.

If your company a purely private company, section 293 is not applicable.

 

Thanks

Agree in case of Private Company, section 293 is not applicable. You need to just pass Board Resolution and act accordingly.

Thank you Anku sir and Srivasta Sir for ur suggestions.


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