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Microlesson · 5-min read

Resolutions and Agreements to be Filed with ROC

# Resolutions and Agreements to be Filed [Section 117]

## What Must Be Filed

A copy of the resolution or agreement, along with the explanatory statement, must be filed with the ROC in Form MGT-14 within 30 days of passing/making it, for:

#Type of resolution/agreement
1Special Resolution (SR)
2Resolution agreed by all members where SR was required (i.e., consent in writing of all members substituting for SR)
3Resolutions/agreements agreed by a class of members (passed by specified majority), and resolutions/agreements binding such members even though not agreed by all
4Board Resolution or agreement for appointment, re-appointment, renewal or variation of terms of appointment of Managing Director (MD)
5Resolutions requiring company to be wound up voluntarily under IBC
6Resolutions passed under Section 179(3) (resolutions to be passed at Board Meeting). No person can inspect or obtain copy of such resolution
7Other prescribed resolutions or agreements placed in public domain

## Punishment for Default

DefaulterInitial penaltyContinuing penaltyMaximum
Company₹ 10,000₹ 100 per day after first₹ 2,00,000
Officer in default (including liquidator)₹ 10,000₹ 100 per day after first₹ 50,000

## Key Memory Hook

"SR, class resolutions, MD appointment, voluntary winding-up, Sec. 179(3) Board matters → MGT-14, 30 days. Sec. 179(3) resolutions are filed but kept confidential."

Worked example

### Example 1

Example: PQR Ltd. passes a special resolution at its AGM on 15 September. The company forgets to file Form MGT-14 and ultimately files it on 25 November (70 days late, i.e., 40 days delay from due date of 15 Oct).

Answer:

  • Company penalty = ₹ 10,000 + ₹ 100 × 40 days = ₹ 10,000 + ₹ 4,000 = ₹ 14,000 (subject to max ₹ 2,00,000).
  • Officer in default penalty = ₹ 10,000 + ₹ 100 × 40 days = ₹ 14,000 (subject to max ₹ 50,000).

⚠️ Common exam mistakes

  • Forgetting that resolutions passed under Sec. 179(3), though filed, are NOT open for inspection by the public.
  • Filing only the resolution and not the explanatory statement.
  • Forgetting that the 30-day clock starts from the date of passing the resolution, not from the date of the meeting where it was put up (these usually coincide but not always).
Reference: Section 117 — Companies Act, 2013
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