sec 180 (1)(a)

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S.K. Sharma

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Jan 19, 2016, 12:22:57 AM1/19/16
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Dear members ,

whether SR u/s 180(1) (a) shall be passed or not as the Co. is providing security / creating charge on its property for giving such corporate guarantee?

Please provide your views .

Thank you

Regards,

CS S K sharma
 

Akshay Vernekar

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Jan 19, 2016, 2:10:22 PM1/19/16
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You should pass the resolution under section 180(1)(c) and not under section 180(1)(a). 
But if the company is a private limited company and if the guarantee is being provided after 5.06.2015 then ordinary resolution is enough.

Others views are highly solicited.

Regards,

Akshay S Vernekar
Cell : +91 9620 164 521

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anjali jain

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Jan 19, 2016, 11:54:38 PM1/19/16
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even sec 180(1)(a) does not apply

CS_SrikanthReddyKolli

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Jan 20, 2016, 6:15:17 AM1/20/16
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Hi

for Private Companies Section 180 is exempted w.e.f. 05.06.2015.

but for Public Companies passing of Special Resolution is required u/s 180 (1) (a) for creating charge on its assets and 

another special resolution for providing the security/corporate guarantee also u/s 186 if the limits exceed as provided in sec 186 (3)

others view are welcome
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