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Board of A Ltd exercised the power to sell its whole undertaking in Ab Ltd its subsidiary. A Ltd’s total net worth as per the preceding financial year audited Balance Sheet was 100 crores. The Investment in Ab Ltd was 30 Crores only. The exercise of such power was through consent of the Company through special resolution. The limits for the sale of investment were not explicitly mentioned in GM-SR. Is the treatment correct.
Yes, the requirement of a Special resolution is the sole criteria as per the Act
No, as in addition to the Special Resolution what is also required is the mention of the limits of funds
Yes, as the limits are notified for different class of Companies by the Companies Act, 2013
Yes, as the BOD is at liberty to define the financial limits within which to exercise the power.
Special Resolution is required as ‘undertaking’ is sold u/s 180(1)(a).
As per explanation under Section 180 (1) (a) of the Act, undertaking means : (i) undertaking” shall mean an undertaking in which the investment of the company exceeds twenty per cent. of its net worth as per the audited balance sheet of the preceding financial year or an undertaking which generates twenty per cent.
Requirement of mentioning monetary limit in GM-SR applies to 180(1)(c)
(c) to borrow money, where the money to be borrowed, together with the money already borrowed by the company will exceed aggregate of its paid-up share capital and free reserves, apart from temporary loans obtained from the company’s bankers in the ordinary course of business: Provided that the acceptance by a banking company, in the ordinary course of its business, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise, shall not be deemed to be a borrowing of monies by the banking company within the meaning of this clause. Explanation.—For the purposes of this clause, the expression “temporary loans” means loans repayable on demand or within six months from the date of the loan such as short-term, cash credit arrangements, the discounting of bills and the issue of other short-term loans of a seasonal character, but does not include loans raised for the purpose of financial expenditure of a capital nature;
By: Srishti Gupta ProfileResourcesReport error
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