Tuesday, March 25, 2014

MCA Clarlfication wlth regard to section 180 of the Companies Ac!, 2013.

Ministry has clarified by issuing a Circular No.4/2014 dated 25.03.2014 that the resolution passed under section 293 of the Companies Act, 1956 prior to 12.09.2013 with reference to borrowings (subject to the limits prescribed) and / or creation of security on assets of the company will be regarded as sufficient compliance of the requirements of section 180 of the Companies Act, 2013 for a period of one year from the date of notification of section 180 of the Act.

This clarification has been issued on receipt of many representations regarding various difficulties arising out of implementation of section 180 of the Companies Act, 2013 with reference to borrowings and/or creation of security, based on the basis of ordinary resolution.