section 293(1)(a) & 372A

Mayuri Lal (officer CS) (748 Points)

05 March 2011  

Dear Members,
 
I hav a doubt regarding the wordings of the resolution u/s 293(1)(a) in teh follwing case
 
There is a limited Company ABC which is taking loan and the property which is getting charged against the loan is of XYZ Pvt Ltd.
 
Now shareholders approval is required for the above  but in the general wordings of resolution is not fulsiiling teh requirement.
 
has anyone come accross the situation like that where in the reslution of 293(1)(a) few lines can be added where the authority to the board of XYZ Pvt Ltd is given for bowrrowing the particular amount or to give its property to ABC Ltd for the creation of charge for teh laon taken by ABC or any reference u.s 372A can be made in the resolution of Section 293(1)(a) .
 
N Form 8 will be filed by XYZ Pvt ltd