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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