Department Clarification- A society registered under the Society Registration Act, 1860 should not be deemed to be a ‘body corporate’ within the meaning of the section 2(7) of the Companies Act, although such a society can be treated as a ‘person’ having separate legal entity apart from the members constituting it and thereby capable of being a member of a company under section 41(2) of the Companies Act, 1956. [Circular Letter, dated-24-11-1962]
Shares belonging to society held in the name of trustee simpliciter
Department Clarification-In 1957 the Department of Company Affairs was advised that the shares in the company, being the property of a charitable trust, can be held in the name of the trustee. (Extracts from Department’sFile No. 1(43)-PT/67)
Procedure for Issue of shares Under section 81(1A) of the Companies Act, 1956
1. Hold a Board meeting for calling of General Meeting for passing resolution; 2. Send notice to all shareholders and directors 3. Hold a EGM/AGM 4. File form no. 23 with ROC with in 30 days fo passing of such resolution. 5. Call a Board Meeting for allotment of such shares 6. File Form-2 with ROC within 30 days of Allotment.