Wednesday 18 February 2015

Form MGT 14

Filing of form MGT 14 after the Notification dated 05.06.2015

Applicability of filing MGT 14 in case of both Private and Public Company

  1. Special Resolutions;
  1. Resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would have been effective for their purpsoe unless they had been passed as special resolutions;
  1. any resolution of the Board of Directors of the Company or agreement executed by the company, relating to the appointment, re-appointment or renewal of the appointment, or variations of the terms of appointment, of a managing director;
  1. resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members

  1. resolutions requiring a company to be wound up voluntarily passed in pursuance of section 304;
  1. any other resolutions as may be prescribed and placed in a public domain
Applicability of filing MGT 14 only in case of Public Company

  1. Resolution under Section 180
  2. to make call on shareholders in respect of money unpaid on their shares;
  3. to authorize buy back of securities under section 68;
  4. to issue securities, including debentures whether in or outside India;
  5. to borrow monies;
  6. to invest the funds of the company;
  7. to grant loan or give guarantee or provide security in respect of loans;
  8. to approve financial statements and the Board's resport;
  9. to diversify the business of the company;
  10. to approve amalgamation, merger or reconstruction;
  11. to takeover a company or acquire a controlling or substantial stake in other company;
  12. to make political contribution;
  13. to appoint or remove Key Managerial Personnel;
  14. to appoint internal auditors and secretarial auditor;