banner_ad

Section 180(1)(c) of the companies act, 2013

2214 views 3 replies
Please provide the answer to the query As per sec 180(1)(c) wordings the money to be borrowed together with the money already borrowed if exceeds the paid up share capital and free reserves of the company, requires special resolution. Now, If the company has a past borrowings which already exceeds the limit above, whether we still need the special resolution for that old borrowings and that to should be filled with Roc within the stipulated time?
Replies (3)

So what I feel is special resolution and related compliances will still need to be made as any new borrowing will mean that borrowing is more than the given condition in the section.

 

And if we generalize this, looking it from a control standpoint, seeking approval is a control one should execute as the company has already exceeded the limit.

 

We can wait for other anwers too. Tx

Hi Nikhil Shand,

Acording to my interpretation every time we borrow money plus already borrowed which is in the excess of paidup capital and free reserv, special resolution is required to be passed by the company in general meeting

Regards

Rajesh Kumar

New act can not be applied with retrospective effect unless there is clear cut expression to that effect is inserted. If ur co's borrowed amount under old act is excess than limit, your co do not need to pass special resolution. But when you renew that borrowing or borrow further, special resolution shall be passed. cs. Tejpal Sheth


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details