Effectiveness of Special Resolution

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Querist : Anonymous

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Querist : Anonymous (Querist)
16 December 2010 When does decisions taken in General Meeting becomes applicable?

Is it the date on which the special resolution is passed?

Or

Is the date of filing the special resolution with RoC?

Please specify relevant case laws and section.

16 December 2010 Hi

Date of General Meting in which special resolution is passed by majority of shareholders.


Read Section 189 and 192 of Companies Act, 1956.


Regards

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Querist : Anonymous

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Querist : Anonymous (Querist)
16 December 2010 Thanks Ajay.

What if there is delay in filing the special resolution with the RoC?


16 December 2010 Yes,Fees Will Be Increased if Not Filled Within 30 Days of Passing Resolution

16 December 2010 Belated compliance for which additional filing fee is payable.

16 December 2010 Effective date is the date of general meeting in which the special resolution is passed.

Delay in filing attracts additional fee payment.

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Querist : Anonymous

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Querist : Anonymous (Querist)
16 December 2010 Thanks.

I have actually read through various sections like 189 and 192 as also suggested by Ajay.

However, there is noting very crisp and clear with respect to effectiveness of special resolution.

I would be very happy, if you can kindly let me know specific ruling / case law with this regard.

16 December 2010 It is effective from the Date of General Meting in which special resolution is passed by majority of shareholders.

Late filinf with ROC does not not make any diff.


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Querist : Anonymous

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Querist : Anonymous (Querist)
17 December 2010 Thats the interpretation, which we are drawing. However, it would be best, if we can support the same with case laws.



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