MCA Form MGT-14: Filing of Resolutions and Agreements to ROC

MCA Form MGT-14: Filing of Resolutions and Agreements to ROC. Section and Rule Number
MGT-14 is required to be filed under Section 117(1) of the Companies Act, 2013.
Provisions
Section 117 of the Companies Act, 2013:  
(1) A copy of every resolution or any agreement, in respect of matters specified in sub-section (3) together with the explanatory statement under section 102, if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as may be prescribed within the time specified under section 403: Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement.
Section 94(1) of the Companies Act, 2013
Place of keeping and inspection of Registers, Returns, etc. The registers required to be kept and maintained by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company: Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company and the Registrar has been given a copy of the proposed special resolution in advance: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed
Purpose
A company or liquidator must file with the concerned ROC certain resolutions and agreements. These are to be filed after being passed at the meeting of the Board / Shareholders / Creditors of the company. The particulars of such resolutions and/or agreements are to be filed through this Form.
The provisions of Sections 94 and 117 are applicable regarding the registration of certain resolutions and agreements with ROC. The MGT-14 must be filed with ROC within 30 days of passing the resolution or the making of the agreement.
Key Information:
The Form is available on the MCA version 3.
The MGT-14 will be processed by the office of Registrar of Companies (Non STP). 
Documents Required:

Certified true copy of resolutions along with a copy of the explanatory statement under section 102.

Altered memorandum of association (Mandatory in case of any change in MOA).

Altered articles of association (Mandatory in case of any change in AOA).

Copy of agreement

Any other information can be provided as an optional Attachments.

Timeline
The MGT-14 must be filed with ROC within 30 days of passing the resolution or the making of the agreement.
Fees

Nominal Share Capital

Fee applicable

Less than 1,00,000

Rupees 200 per document

1,00,000 to 4,99,999

Rupees 300 per document

5,00,000 to 24,99,999

Rupees 400 per document

25,00,000 to 99,99,999

Rupees 500 per document

1,00,00,000 or more

Rupees 600 per document

Key Considerations:

Enter the details of the agreement entered by the company. Details of only one agreement can be provided through this Form.

Please note that for each agreement separate Form MGT-14 is required to be filed.

Select the purpose of agreeing. Based on the purpose, the system shall automatically display the section of the Companies Act, 2013 under which an agreement is made.

Important points to be kept in Mind:

You can file this Form with different event dates in respect of date of passing of resolution(s), date of passing of postal ballot resolution(s), and date of agreement if these dates are within 30 days of the filing date. If any of the date(s) are beyond 30 days, then a separate form is to be filed for every such event date.

In case the date of passing of resolution or postal ballot resolution or date of agreement made is not within 300 days from the filing date then it shall be mandatory to enter the SRN of Form INC-28/Old Form 21 filed for condonation of delay. In such cases, additional fees as applicable shall continue to be calculated.

In case the date of passing of resolution or postal ballot resolution is not within 30 days from the filing date and the purpose selected in any of the blocks is “Alteration in object clause” then it shall be mandatory to enter the SRN of Form INC-28/old Form 21 filed for condonation of delay.

Certification of Practicing company secretary is mandatory in case of a company other than a small company and OPC.

MCA Help-Kit

Section and Rule Number

MGT-14 is required to be filed under Section 117(1) of the Companies Act, 2013.

Provisions

Section 117 of the Companies Act, 2013:

(1) A copy of every resolution or any agreement, in respect of matters specified in sub-section (3) together with the explanatory statement under section 102, if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as may be prescribed within the time specified under section 403: Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement.

Section 94(1) of the Companies Act, 2013

Place of keeping and inspection of Registers, Returns, etc. The registers required to be kept and maintained by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company: Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company and the Registrar has been given a copy of the proposed special resolution in advance: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed

Purpose

A company or liquidator must file with the concerned ROC certain resolutions and agreements. These are to be filed after being passed at the meeting of the Board / Shareholders / Creditors of the company. The particulars of such resolutions and/or agreements are to be filed through this Form.

The provisions of Sections 94 and 117 are applicable regarding the registration of certain resolutions and agreements with ROC. The MGT-14 must be filed with ROC within 30 days of passing the resolution or the making of the agreement.

Key Information:

The Form is available on the MCA version 3.

The MGT-14 will be processed by the office of Registrar of Companies (Non STP).

Documents Required:

Certified true copy of resolutions along with a copy of the explanatory statement under section 102.
Altered memorandum of association (Mandatory in case of any change in MOA).
Altered articles of association (Mandatory in case of any change in AOA).
Copy of agreement
Any other information can be provided as an optional Attachments.

Timeline

The MGT-14 must be filed with ROC within 30 days of passing the resolution or the making of the agreement.

Fees

Nominal Share Capital	Fee applicable
Less than 1,00,000	Rupees 200 per document
1,00,000 to 4,99,999	Rupees 300 per document
5,00,000 to 24,99,999	Rupees 400 per document
25,00,000 to 99,99,999	Rupees 500 per document
1,00,00,000 or more	Rupees 600 per document

Key Considerations:

Enter the details of the agreement entered by the company. Details of only one agreement can be provided through this Form.
Please note that for each agreement separate Form MGT-14 is required to be filed.
Select the purpose of agreeing. Based on the purpose, the system shall automatically display the section of the Companies Act, 2013 under which an agreement is made.

Important points to be kept in Mind:

You can file this Form with different event dates in respect of date of passing of resolution(s), date of passing of postal ballot resolution(s), and date of agreement if these dates are within 30 days of the filing date. If any of the date(s) are beyond 30 days, then a separate form is to be filed for every such event date.
In case the date of passing of resolution or postal ballot resolution or date of agreement made is not within 300 days from the filing date then it shall be mandatory to enter the SRN of Form INC-28/Old Form 21 filed for condonation of delay. In such cases, additional fees as applicable shall continue to be calculated.
In case the date of passing of resolution or postal ballot resolution is not within 30 days from the filing date and the purpose selected in any of the blocks is “Alteration in object clause” then it shall be mandatory to enter the SRN of Form INC-28/old Form 21 filed for condonation of delay.
Certification of Practicing company secretary is mandatory in case of a company other than a small company and OPC.