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please advise on this schedule XIII of the Companies Act


30 May 2011 Dear Professionals

What will be the procedure if the company failed to take a Central government's approval and also failed to pass a special resolution for appointments of Directors who are below 25 years and above 70 years respectively. Can the company show Back dated resolution in this case for both the appointments. Please guide

31 May 2011 The normal procedure would be to go for compounding of offence under Section 621A of the Companies Act, 1956.

If backdated resolution could be managed, then you can go for condonation of delay under Section 637B of the Companies Act 1956.

31 May 2011 Hello Jayashree Mam

if backdated special resolution is passed and approval from Shareholders is managed then as per the Schedule XIII of The Companies Act, 1956 it to be filed with ROC, whether the section 637B is applicable in this case as if Special Resolution is passed and approval from shareholders is managed then there is no need of Central Government's approval. Please advise whether we have to submit this resolution to Central Government also or only to ROC.
Also please advise whether there are any additional fees to file it with ROC for delay in submission of the same.




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