Deepti Aggarwal (Assistant Company Secretary) (143 Points)
23 April 2014Dear All.
Plz help me out regarding this....
Section 180 of companies Act 2013 is applicable w.e.f 12.09.2013 and now on private companies also. So, while making a special resolution of priivate companies for their existing borrowings which are exceeding the limits, is it neccessary to mention the notified date for special resolution i.e. 12.09.2013 or we can pass the special resolution in current date as no new loan has been taken.....???
Sagar
(AM)
(123 Points)
Replied 23 April 2014
Dear Deepti,
You can pass the resolution in current date and take approval which will be for the limits o/s and any fresh borrowing expected in near future.
Deepti Aggarwal
(Assistant Company Secretary)
(143 Points)
Replied 23 April 2014
Thanks a lot Mr. Sagar
Does it would be considered non-compliance or attracts penalty...???/
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 23 April 2014
There is no contravention. Refer MCA circular No.4 dated 25.3.2014.
Ruchi Agarwal
(N.A.)
(92 Points)
Replied 23 April 2014
Huzefa Ali Manager
(cs final)
(28 Points)
Replied 23 April 2014
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