A private limited company with paid up capital of Rs.150,000/- is going to be closed and the resolutions have been passed accordingly in the board as well as in the EGM.
The query is, Whether the Company has to file MGT-14 to ROC regarding this? or being Private Limited Company it is exempted from this requirement?
| Originally posted by : CA CS NITIN MAHAJAN | ||
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We have follow procedure for getting it closed. For details call @ 9779714156 |  |
Thanks for reply, but it would have been great help if you had given the answer of the question that I asked.
| Originally posted by : CA CS NITIN MAHAJAN | ||
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MGT 14 is required if Special resolution is passed for closure of the company.Under Section – 271 (1) (b) | |
Resolution was not passed under the quoted section. It is going to close down its business voluntarily. So that means in this case the company doesn't have to file MGT-14 with ROC.
Thanks
| Originally posted by : Vatsla Alagh | ||
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Are you shutting the business by filing STK-2? Then MGT-14 is not required to be filed | |
Yes, Form STK-2 along with affidavit and indemnity bond are to be filed.
As the striking of the Company needs the approval of Shareholders by passing Special resolution and pursuant to Section 117(3)(a), all the special resolution shall be filed with the ROC within 30 days of passing the Special resolution in Form MGT 14.
So it is mandatory to file MGT 14 by the Private Company even in case of Striking of the name of the Company
| Originally posted by : Jatin Bajaj | ||
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As the striking of the Company needs the approval of Shareholders by passing Special resolution and pursuant to Section 117(3)(a), all the special resolution shall be filed with the ROC within 30 days of passing the Special resolution in Form MGT 14. So it is mandatory to file MGT 14 by the Private Company even in case of Striking of the name of the Company |
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Are you sure? Because I read somewhere that MGT-14 is not applicable for Private Ltd. Companies. That's why I got confused and put the question here.
Okay. Thank you.
Section 117(3)(g) is not applicable to Private Limited Company, which states that in regard with the matter specified under Section 179(3), there is no need to file MGT 14 by the Private Limited Company .Rest of the Clauses of Section 117 is applicable to Private Limited Company as well.
Thanksa lot.
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