CA NeWs Beta*: Applicability of Special Resolution in case of Related Party Transaction under Companies Act 2013

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Thursday, January 8, 2015

Applicability of Special Resolution in case of Related Party Transaction under Companies Act 2013

As per Provisions of Section: 188 of Companies Act, 2013 read with Rule RULE -3, of Chapter Xii (Meetings Of Board And Its Power) Second Amendment Rules, 2014:
For entering Transactions with related parties mention below SR is required to be passed in GM:

NATURE OF RELATED PARTY TRANSACTION
THRESHOLD LIMIT EARLIER
FROM-14TH AUTUST, 2014
For Every Transaction
When paid Share Capital of Company is 10 Crore or More.
REMOVED FROM RULE
Sale, purchase or supply of any goods or materials directly or through appointment of agents (or)
Exceeding 25% of Annual Turnover
Exceeding 10% if Turnover of Company or Rupees 100   Crore
Whichever is Lower
Selling or otherwise disposing of, or buying, property of any kind directly or through appointment of agents (or)
Exceeding 10% of Net worth
Exceeding 10% of Net worth or Rupees 100 Crore   Whichever is Lower
Leasing of property of any kind (or)
Exceeding 10% of Annual Turnover   
                        OR
Exceeding 10% of Net worth
Exceeding 10% of the Net worth of company or 10% of Turnover of Company of Rupees 100 Crore, Whichever is lover
Availing or rendering of any services directly or through appointment of agents (or)
Exceeding 10% of Net worth
Exceeding 10 % of Turnover of company or Rupees  50 Crore, Whichever is lower.
Appointment to any office or place of profit in the company, its subsidiary company or associate company (or)
Monthly Remuneration Exceeding Rs. 2.5 lakhs
NO CHANGE
Remuneration for underwriting the subscription of any securities or derivative
Exceeding 1% of Net worth
NO CHANGE





















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