Resolutions requiring special notice
Section 115 of the Companies Act, 2013 deals with resolutions requiring special notice. Where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent. The Act came into force on 01 Apr 2014.
Where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent. of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as may be prescribed, has been paid-up and the company shall give its members notice of the resolution in such manner as may be prescribed.
Section 115, The Companies Act, 2013 (Act 18 of 2013).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The petitioner replied to the Notice dated 14.03.2024 on 15.03.2024. 7. On 15.03.2024, Special Notice for removal of the petitioner, from Directorship was issued by the second Director of the respondent Company under Section 115 of the Companies Act, 2013 and Rule 23 of the Companies (Management and Administration) Rule, 2014 . 8. Again, on 28.03.2024, another Special Notice under Section 169 of the Companies Act, 2013 read with Sub Section (4), was issued by Mr. David Lawrence Greene for removal of petitioner and granted time to …
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 115
What does Section 115 of the Companies Act deal with?
Section 115 of the Companies Act is headed "Resolutions requiring special notice". Where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent.
How do I find court cases under Section 115 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 115, section 115 Companies Act, section 115 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 115 of the Companies Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 3: most recently Companies (Management and Administration) Second Amendment Rules, 2015 (2015), then The Companies (Management and Administration) Amendment Rules, 2014 (2014), and 1 more.
When did Section 115 of the Companies Act come into force?
Section 115 of the Companies Act, cited as Companies Act 115, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.