Section 252 of the Companies Act, 2013

Section 252 of the Companies Act, 2013 deals with the Filing of Resolutions and Agreements with the Registrar.

🔹 Section 252 – Filing of Resolutions and Agreements

This section mandates companies to file certain resolutions and agreements with the Registrar of Companies (RoC) within prescribed timelines.

✅ Key Provisions:

📌 1. Requirement to File Resolutions and Agreements:

Every company shall file with the Registrar a copy of the resolutions or agreements passed or entered into by the company as required under the Act.

📌 2. Types of Resolutions and Agreements:

Resolutions and agreements that must be filed include (but are not limited to):

Resolutions relating to the alteration of the Memorandum or Articles of Association.

Resolutions for appointment or removal of directors or auditors.

Agreements such as those for buy-back of shares, related party transactions, mergers/amalgamations, etc.

Any other resolutions specified by the Act or rules made thereunder.

📌 3. Filing Timeline:

The company must file the resolution or agreement within 30 days of passing or entering into it, unless a different timeline is specified in the Act.

📌 4. Consequence of Failure:

Failure to file the required resolutions or agreements within the stipulated time may attract penalties under the Act.

📌 Objective:

To ensure transparency and public access to important decisions of companies.

To maintain an updated record with the Registrar for regulatory compliance and stakeholder information.

 

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