Section 314 - Resolution

This query is : Resolved

CS Sandip Rahane (Querist)
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01 September 2009 Yes Sir i also want the Explanatory Statement of the same.

Actually company appointed this person on same salary w.e.f.1.4.2009 and not filed and resolved anything for same.

Is there any effect by late filing of Form 23 and 24B to MCA by showing E.G.M. on 01.04.2009. Can i file it bad dated ?
Or it goes to compounding? Let me knw.

Being d above reason i m taking his appointment in coming AGM we.f.29.09.2009.

Plz send me solution.

Ankur Garg

Ankur Garg (Expert)
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01 September 2009 In your case section 314(1B) is applicable. special resolution should be prior and u have to obtain CG approval.

as per my opinion file form 23 by mentioning the date before appointment.

Show ur GM before 01.04.2009 to make it prior shareholder approval.

Coompounding is necessary as u have not taken prior CG approval.

study section 314(1B) carefully.