Section 180(1)(a) -

1474 views 3 replies

Dear All,

ABC Public Ltd. want to sale some machinary. 

1. Proposed transaction Value of Machinary is exceeding 20% of Networth. 

2. Book value of machinary to be sold is below 20% of Networth

Whether shareholders' approval required? 

 

Replies (3)

In my opinion, In the above case there is no requirement of shareholder approval.

The trigger point in section 180(1)(a) is the investment amount or book value & not the market value or transaction value.

Since the book value does not exceed 20% of the company's net worth, the transaction does noptr fall under definition of "Undertaking".

 

Thank u !!!

As the book vaule of transaction is not execeeding the 20 % of the Company's net worth, the approval of shareholders under Section 180 1(c) will not be rquired in this case.

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