The Board of Directors of Passion Ltd. has passed board resolutions for the following items. Examine the validity of resolution as a secretarial auditor of the company : (a) To invest the funds of the company for ₹ 15 La

CS Executive · Company Law · PYQS · June 2021
The Board of Directors of Passion Ltd. has passed board resolutions for the following items. Examine the validity of resolution as a secretarial auditor of the company : (a) To invest the funds of the company for ₹ 15 Lakh in ABC Mutual funds; (b) To remit, or give time for the repayment of, any debt due from a director; (c) To invest otherwise in trust securities the amount of compensation received by it as a result of any merger or amalgamation; (d) To take over a company or acquire a controlling or substantial stake in another company;

Answer & Explanation:

As per Section 179(3)(e) of the Companies Act, 2013, the Board of Directors of a company shall exercise the powers to invest the funds of the company of ₹ 15 Lakh in ABC Mutual funds by means of resolutions passed at meetings of the Board; As per Section 180(1)(d) of the Companies Act, 2013, the Board of Directors of a company shall exercise the power to remit, or give time for the repayment of, any debt due from a director only with the consent of the company by a special resolution; As per Section 180(1)(b) of the Companies Act, 2013, the Board of Directors of a company shall exercise the power to invest otherwise in trust securities, the amount of compensation received by it as a result of any merger or amalgamation with the consent of the company by a special resolution; As per Section 179(3)(j) of the Companies Act, 2013, the Board of Directors of a company shall exercise the powers to take over a company or acquire a controlling or substantial stake in another company by means of resolutions passed at meetings of the Board.

Topics: Meetings of Board and its Powers

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