Clarification with regard to section 180 of the Companies Act, 2013.-(General Circular No. 04/2014)

General Circular No. 04/2014

 No. 1/32/20I3-CL V (Pt.File)

Government of India

Ministry of Corporate Affairs 

"A" Wing, 5th Floor, Shastri Bhawan

Dr. R.P. Road, New Delhi 110001

Date 25th March, 2014

To

All Regional Directors, 

All Registrar of Companies,

All Stakeholders

Subject: Clarification with regard to section 180 of the Companies Act, 2013.

Sir,

This.Ministry has received many representations regarding various difficulties arising out of implementation of section 180 of the Companies Act, 2013 with reference to borrowings and/or creation of security, based on the basis of ordinary resolution. The matter has been examined in the Ministry and it is hereby clarified that the resolution passed under section 293 of the Companies Act, 1956 prior to 12.09.2013 with reference to borrowings (subject to the limits prescribed) and / or creation of security on assets of the company will be regarded as sufficient compliance of the requirements of section 180 of the Companies Act, 2013 for a period of one year from the date of notification of section 180 of the Act.

Yours faithfully.

(KMS Narayanan)

Assistant Director(Policy)

Copy to:

(1) Guard File.