Mitali Agarwal (Company Secretary) (638 Points)
11 January 2010Dear Professional Colleagues,
Though this question may be simple but lack of experience makes it a query for me.
If members have passed a no. of resolutions in a General Meeting (Special Business) & only one special resolution is passed then the explanatory statement of only the item for which special resolution was passed will be attached to Form 23 or whole explanatory statement is to be attached covering all the businesses?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 11 January 2010
Hi,
Normal practice is to attach whole notice along with all explanatory statements irrespective of the requirement.
But as per the language of form-23 the documents required to be attached is Copy of resolution along with explanatory statements and not the whole notice.
So keeping in view the language of form-23 explanatory statement of only the item for which special resolution was passed may be attached to Form 23 and there is no need to attach whole explanatory statement. So proper attachment would be certified true copy of resolution along with certified true copy connected explanatory statement.
However am not sure about ROC people as they may object to this practice. Views of other members solicited.
Best Regards
Neeta
(Finance)
(345 Points)
Replied 11 January 2010
Hello Mitali
Explanatory statements is required only for the item of special business , no matter is u have other business as well in the meeting.Sec 173 asks explanatory statement only for special business items.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 11 January 2010
Dear Neeta,
Kindly go through the query again. Here discussion is about what exactly is required to be attached with form-23 whether relevant explanatory statement or all the explanatory statement covering all the businesses.
Best Regards
CAclubindia
