Filing of resolutions & agreements with roc - section 117

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Ganapati Ghatti (Querist)
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27 August 2014 Dear All,

Section 117 (3) (g) states that 'resolutions passed in pursuance of Section 179(3) need to be filed with ROC (in Form MGT 14)

When we go through Section 179(3)(g) - it is for approving the Financial Statement and Board's Report.

Now my query is whether it is necessary to file Form MGT 14 for approving the Financial Statement and Board's Report also.

If yes, it is applicable for Private Companies.

Thank you,

Ganapati Ghatti

Ankur Garg

Ankur Garg (Expert)
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27 August 2014 Yes you have to file board resolution passed for adoption of financial statements in form MGT.14.

No need to file financial statements along with form MGT.14.

No need to file board report or auditor report. Simply file the resolution.

Thanks

Ankur Garg

Ankur Garg (Expert)
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27 August 2014 Law related to filing of form MGT.14 under Companies Act, 2013 (22 July)

Filing of form MGT.14 is mandated by section 117 of the Companies Act, 2013. Section 117(2), prescribe the penalty for non-filing of form MGT.14.

As per Section 117(2), if a company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default, including liquidator of the company, if any, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.

For more clarity about form MGT.14 read my article available at the link mentioned below:

https://www.caclubindia.com/articles/list-of-resolutions-to-be-filed-with-roc-in-form-mgt-14-20664.asp#.U8O57KM27cs

Thanks

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