Mrs.n (CS, LL.B ) (407 Points)
14 March 2018Hello ,
As per Section 117 , read with Section 179 (3) (i) , Company needs to file the resolution for Approval of Amalgamation , Merger or reconstruction .
QUERY
kindly suggest at which stage we should file the Board Resolution ??
whether it is first resolution when Board propses amalgamation and approval of scheme OR it is Board resolution after receipt of NCLT order . ?
pl.suggest asap.
Jatin Bajaj
(CS)
(2930 Points)
Replied 15 March 2018
As per the provision of Section 179 of the Companies Act 2013, the resolution for approving the scheme of merger and amalgamation shall be filled with ROC in Form MGT 14 along with the CTC of board resolution specifying the scheme of merger and amalgamation.
Vinayak Mishra
(192 Points)
Replied 15 March 2018
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 15 March 2018
MGT.14 is to be filed at the first stage when Board approves draft scheme before submision of application to NCLT.
CAclubindia
