Dear Juhee,
Fourth Proviso of Section 188(1) of the Companies Act, 2013 states that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arm’s length basis
Thus it may be concluded that passing Board Resolution is not necessary in case transaction is transacted at arm’s length basis with a related party
Hi Folks!
Whether notice for a period of 5 years is valid even if charge of suppression, fraud and misstatement are not sustained?
Hi Professionals!
Whether the Additional Director can be regularized before the expiry of the tenure in AGM? Further, whether the regularization of director can be done in EGM instead of AGM?
Hi Folks!
What is the legal inference on the repetition of disclosures in the
Board’s Report which has been once mentioned in the financial
statements?
Hi Professionals!
Whether physical submission of petition to the Regional Director
(power delegated through Central Government) is required in case of
condonation of delay in filing the particulars of charge, modification
or satisfaction of charge?
Is Alteration of MOA & AOA is required to be drafted after the amendment of e-MOA & e-AOA ?
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Hi Folks!
Is Secretarial Auditor required to get the notice of Annual General Meeting in which his report is to be laid before the members?
Dear Juhee,
Yes, it is necessary to pass Board Resolution even if the transaction made by company on arm length basis with related party.
Hope it helps you
Thank You.