Dear Members,
Is it compulsory to file all the AGM resolutions through MGT 14 with MCA ? Is it that the Company has to submit a certain declaration for the conduct of AGM in Form MGT 14 ? If yes, what should be the format for the same.
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Hello Everyone
Good Evening
Kindly suggest advice for one LLP.
2 designated partners in LLP. And out of these 2 designated partners, 1 DP wants to wind up this LLP. But another DP is not responding on this.
In this LLP , Bank balance Approx 50K & in Assets side there is 2 Laptops out of which each DP carry one laptop.
None of business in this LLP from 2017 onwards.
My known DP wants to come out from this LLP but problem is that another DP not responding.
Share solution.
Dear All,
While we are uploading the form LLP 3 and 4 on MCA portel, we are getting the these error
"Please attach DSC for designated partner".
Everything is ok, DSC of DP is attached but even though these error showing.
Can any one provide me the solution for such Error ?
attach
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partner
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llp3
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solution
Kindly provide draft resolution passed in Society for appointment and resignation of member.
resolution
society
Can a Promoter (not a director) sign a board resolution to open a bank account?
We have opened a Pvt Limited company, in order to open a bank account banker asked to submit a board resolution signed by 2 directors
Here the problem is myself and my friend were directors(only 2 members) and my friend was in abroad,
Does the bank accept resolution with my single signature or can a shareholder sign resolution along with me? or any other alternatives
thanks in advance
Dear Members,
Kindly share resolution passed by Society / trust for appointment and acceptance of resignation of members.
resolution
society
Dear members,
In my client HUF 2 mebers - his mother and him. After the death of his mother HUF should be dissolved as per Income tax act. My question is that for dissolution of HUF any documents required to be submit, if yes, plz share a draft of that document and what is the process for the same?
Thanks in advance, this is urgent
dissolution
Dear members,
Can an extract of resolution be signed by a same director to whom the authorisation is given to execute security document.
Mr.A is authorised. Can Mr.A sign the extracts.
extract
resolution
board
signing
regarding
Dear members
Can an extract of resolution be signed by a same director to whom the authorisation is given to execute security document.
Mr.A is authorised. Can Mr.A sign the extracts.
extract
resolution
board
signing
regarding
Can a resolution be passed and DIR-12 be filed in advance for the appointment of a director which will be effective from a future date?
Click here to view / answer Share it onadvance
filed
passed
resolution
Dear Members,
We had convened EGm on 13 th April 2020 for alteration of articles so as to incorporate clauses of SHA and SSA entered into with the investors , regularization of additional director and revision of terms of employment agreement of WTD. Now looking into new VC provision of GM, we are of though of passing these resolutions through postal ballot,....
can a company do so....?
ballot
postal
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resolutions
It is necessary to first understand the meaning of Ordinary resolution.
As per Section 114 (1) of the Companies Act, 2013 - A resolution shall be an ordinary resolution if the notice required under this Act has been duly given and it is required to be passed by the votes cast, whether on a show of hands, or electronically or on a poll, as the case may be, in favour of the resolution, including the casting vote, if any, of the Chairman, by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy or by postal ballot, exceed the votes, if any, cast against the resolution by members, so entitled and voting.
In simple terms, it means votes in favour shall be more than 50% votes cast against any resolution.
Special resolution is defined under Section 114 (2) of the Companies Act, 2013 ad: (2) A resolution shall be a special resolution when—
(a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution;
(b) the notice required under this Act has been duly given; and
(c) the votes cast in favour of the resolution, whether on a show of hands, or electronically or on a poll, as the case may be, by members who, being entitled so to do, vote in person or by proxy or by postal ballot, are required to be not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.
In simple terms, it means votes in favour shall be more than 75% votes cast against any resolution.
However, it is necessary to note that this distinction of ordinary and special resolution is applicable only in General Meetings, ie.; Annual General Meeting or Extra-ordinary General Meeting and not Board Meetings.
In case of Board Meetings, the words used are simple majority, which means that the votes cast in favour shall exceed the votes cast against a resolution.
In essence, it resembles and equates to ordinary resolution. Since the Act doesn’t use the term ordinary or special resolution for Board Resolutions, we cannot use the ordinary resolution passed at a Board Meeting. We therefore always say that the resolution at the Board Meeting were passed by requisite majority or unanimously (as the case maybe).
The Board resolution can be passed by simple majority.
Hope i am right ?
understanding
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