Filing with roc

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AO
49 Points Posted on 13 June 2014
Dear Sir,
 
Please refer section 117(3)(g) of Companies Act, 2013.
 
Section 179(3) says about powers of Board to be excercised in Board Meeting only.
 
There fore every resolution passed in Board Meeting from 179(3)(a) to 179(3)(k) is to be filed with ROC with in 30 days of Board Meeting.
 
Is my interpretation Correct.
 
 
With Regards,
 
Naresh Sakhuja
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On 13 June 2014 at 13:00 Report
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Practising Company Secretary
8218 Points Posted on 14 June 2014
Yes Naresh....you have correctly understood the provisions...every resolution passed by the BOD for the items mentioned therein have to be filed with ROC in form MGT 14 within 30 days...
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On 14 June 2014 at 10:58
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Company Secretary
85 Points Posted on 14 June 2014

Hi vandana,

under section 179(k), other matters are written which is specified in rules.

Under point (ii) of the same, it is written that we have to file Form MGT-14 to appoint or remove KMP.

Now my question is that if any CS/CFO resign from the Company he submit his resignation letter to MD. Similarly on appointment MD/HRD gives appointment letter. then where is Board Meeting conducted and how form MGT-14 will be filed?

Regards 

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On 14 June 2014 at 12:14
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Practising Company Secretary
8218 Points Posted on 16 June 2014
Hi Rajiv, For answer to your query you can check subsection 2 of section 203 where in it has been specified that appointment of a whole time KMP is to be made by means of a resolution of the BOD containing the terms and conditions of the appointment..... Regards
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On 16 June 2014 at 11:38
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Company Secretary
85 Points Posted on 16 June 2014

Hi vandana,

And what about Resignation?

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On 16 June 2014 at 12:35
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Practising Company Secretary
8218 Points Posted on 17 June 2014
Hi Rajiv, Though nothing has been said about resignation, it is to be inferred that the resignation letter submitted to the MD is to be brought to the notice of the Board so that the company can undertake the requisite formalities.....The same will be by means of a resolution which is to be filed...... Regards
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On 17 June 2014 at 11:45

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