Monday 31 August 2015

SECTION BASED ON NCLT IN COMPANIES ACT, 2013

Sr. No.
Section
Subject Matter
Any Other Information
1
16(1)(A)
The Company in general meeting shall pass an ordinary resolution for change of name on receipt of direction from the Central Government.
The Company shall change the name within 3 months of direction.
2
16(1)(B)
The Company in general meeting shall pass ordinary resolution for change by name by a new name on receipt of direction from the Central Government in response to a complaint regarding Trade Mark violation
The Company shall change the name within 6 months of direction.
3
61(1)
A Company, if authorized by its Articles, by ordinary resolution, can increase or consolidate its capital or sub-divide or cancel shares not taken up.
Return shall be filed with Registrar within 30 days of such alteration – See Section 64.
4
62 and Rule 4 (1) (b) of Companies Share Capital & Debenture Rules
Ordinary resolution for differential issue
In a listed company resolution will be passed by the postal ballot.
5
63(2)(b)
Approval of general meeting for issue of bonus shares

6
73(2)
Approval of general meeting for inviting deposits from members.

7
102
Appointment of Directors or considering any item at an extra ordinary general meeting by requisition from members by ordinary resolution.

8
102, 131, 134, 139, 152 (6)
Ordinary resolution in an annual general meeting for consideration of account and directors report and report of auditor, declaration of dividend, appointment of Directors in place of those retiring and appointment of Auditors.

9
148(3)
Remuneration of Cost Auditor shall be fixed by an ordinary resolution at the general meeting.

10
151
Appointment of a Director by small shareholder.

11
152 (2)
Ordinary resolution for appointing of Director at First General Meeting.

12
152(5)
Appointment of independent Director at General Meeting.
In the case of independent Director the board will give a report in the general meeting that he fulfills conditions for such appointment.
13
160
Appointment of Director on being proposed by a member of other person with a deposit of Rs. 1 Lacs.
The required notice shall given to the Company, 14 days before the meeting.
14
160 (1), (2) (3) (4)
Appointment of Additional Director, Alternate Director, Nominee Director and in a casual vacancy.

15
169(1), (2)
Removal of Director and appointment of Director in his place.
Special Notice as per Sec. 115 is required.
16
191(1) and Rule 17 of Companies (Meeting of Boards and his Power) Rules, 2014
Prior approval of general meeting for giving compensation to a Director for a loss of office.

17
192(1)
A Director of a Company or its holding associate or subsidiary Company or a person connected with him may acquire assets from the Company or the Company from him for consideration other than cash only and the prior approval in general meeting or were applicable general meeting of holding Company.

18
196(4) and part 3 of Schedule 5
The appointment of managerial personnel refer to in parts 1 and 2 is subject to the approval of the shareholders in general meeting.

19
196(4) and 197(1) 2nd provision
Approval of general meeting for appointment of managing director and others in access of date specified or for payment of commission to non-executive director at the rate in access of 1% or 3% of the net profit of the Company.

20
304(a)
Company in genera meeting passes an ordinary resolution requiring the company to be wound up voluntarily.

21
318(3)
Members pass a resolution for desolation of the Company in voluntary winding up.

22
354
In all matters relating to winding up of the Company the tribunal may take the wishes of members by way of resolution in general meeting.