Query regatding section 180 of the companies act

Dear 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.....???

Replies (5)

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.

Thanks a lot Mr. Sagar

Does it would be considered non-compliance or attracts penalty...???/

There  is  no contravention.  Refer MCA circular  No.4 dated 25.3.2014.

 

does A pvt. ltd co. take loan from B pvt. ltd co. having common directors?
As per interpretation we can say that a pvt can take loan frm a pvt co having relative of director as director or member bt its my interpretation..still there is alot confusiin in the section which qould be solved as early as possible

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