section companies under notice resolution requiring special regard
Hello Everyone
If the company was incorporated in March 2023 in Canada by an Individual resident of India, due to non-approval of ODI, no remittance is yet made.
Please advise whether that resident individual needs to file his FLA due in July.
Dear All,
If an entity has not received any inward FDI / made overseas investments in the latest FY, do they need to submit the FLA return?
return
Hello Professional
Is a Section 8 company required to seek permission from Central
Government (“RD”) for alteration of its articles of association
prior to getting the same approved by the members by means of
special resolution in the general meeting?
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Hello Professionals
What do you mean by ‘Companies with charitable purpose’ (Section 8) under the Companies Act, 2013? What are the conditions for the issue & revocation of the license of such a company by the Government?
companies license revocation such company government issue purpose charitable
Hello Professionals
In the case of an overseas subscriber and director, is the documents required to be notarised and apostilled for incorporation of a company?
notarised apostilled incorporation company required documents overseas subscriber director case
Hello Professionals
What are the minutes of a board meeting, and how should they be maintained?
Hello Professionals
In the case of an overseas subscriber and director, are the documents required to be notarised and apostilled for incorporation of a company?
notarized apostilled incorporation company required documents overseas subscriber director case
Hello Professionals
In terms of Section 73 of the Companies Act, 2013 read with Rule 2(1)(c)(vii) of Companies (Terms and conditions of acceptance of Deposit) Rules, 2014, deposits do not include receipt of money from Director of the Company, but the money received from a member is treated as a deposit. In case the deposit is taken from a person who is both a director and a member of the Company, will such receipt of money be treated as a deposit or not?
Section 115 of the Companies Act, 2013 provides for special notice for certain types of resolutions which are to be passed at a general meeting of the company. The purpose of requiring special notice is to ensure that the shareholders are given adequate time to consider the proposed resolution and to make an informed decision.
The types of resolutions that require special notice are specified under Section 115(1) of the Companies Act, 2013, and include the following:
According to Section 115(2) of the Companies Act, 2013, a special notice is required to be given to the company by the shareholders who hold not less than 1% of the total voting power, or who represent not less than 5% of the total voting power of the company.
The special notice should be given at least 14 days before the meeting at which the resolution is to be moved, and it should be given to the company in writing, specifying the intention to move the resolution and the reasons for it.
It is important for companies to follow the provisions of Section 115 of the Companies Act, 2013 to ensure that the rights of shareholders are protected and that the decisions taken at general meetings are in the best interest of the company.