Question

State the following statement is True or False:

Company secretary has to file copy of special resolution with the Registrar of Companies.

• A. True
• B. False

Answer 1

The correct option is A True

This statement is True due to the following reasons :

(i) Registrar of companies is appointed by the Central Government to have statutory control over the Companies.

(ii) Every company has to submit certain documents with Registrar to obtain incorporation and business commencement certificate.

(iii) The Registrar of Companies has to perform function like, Incorporation of Companies, Registration of Documents, etc.

(v) The Secretary has to make correspondence with the Registrar of Companies for filing various documents.

(v) The Secretary has to write letters to the Registrar, on various issues, one such is 'Filing Special Resolution'.

(vi) Under Section 192 of the Companies Act 1956; whenever a special resolution is adopted at a general meeting, a copy of the resolution is to be-filed by the Secretary with the Registrar of Companies. If default is made in Complying with the filling of special resolution, the company and defaulting officer shall be punishable with fine.

(vii) It should be filed within 30 days of it being adopted.

(viii) He also has to enclose the requisite filing fees.

Provisions relating to this are now dealt by the Companies Act ,2013.