Giridhar Narasimhamurthy (M.D) 05 September 2019
We have a private limited company with 3 directors. We need to pass a resolution that allows one of the directors to be able to start a new business with the same name as the existing private limited company, but sometime in the future. Does this NOC need a board meeting resolution or can it be passed by "resolution by circulation" ? Does the NOC need to be part of MGT-14 filing with MCA/ROC or some other filing with MCA/ROC ?
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CS Rahul Kabra (CS) 05 September 2019
NOC can be approved by the Board of Directors at their meeting or you can go for circular resolution too (refer Section 175 of the Companies Act, 2013 for circular resolution).
There is no need to file form MGT-14 for the resolution approving NOC for the private companies. Please note that NOC and Board Resolution along with PAN of the Company is required to be filed for new company's name application (RUN) or direct Spice form for incorporation.