E form 23 clarificatioin

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Querist : Anonymous

Querist : Anonymous (Querist)

05 December 2011 Hello Experts

pls tell whether e form 23 is required to be filed for an ordinary resolution passed in General meeting ?

or it is to be filed for registeration of special resolutions only.

thanks

Querist : Anonymous

Querist : Anonymous (Querist)

05 December 2011 pls reply asap experts....

Querist : Anonymous

Querist : Anonymous (Querist)

05 December 2011 pls revert back experts.....

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

06 December 2011 Please refer Section 192 of the Companies Act , 1956 in this regard.

Resolution required to be filed with ROC for registration

Section 192 of the Companies Act, 1956, provides that a company shall file resolutions and agreements of the following nature with the Registrar of Companies electronically in an e-Form 23 for registration:—

(a) all special resolutions;
(b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions;
(c) any resolution of the Board of directors of a company or agreement executed by a company relating to the appointment/re-appointment/renewal of the appointment, or variation of the terms of appointment of a managing director/whole time director/manager;
(d) resolutions or agreements which have been agreed to by all the members of any class of shareholders but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by some particular majority or otherwise in some particular manner and all resolutions or agreements which effectively bind all the members of any class of shareholders though not agreed to by all those members;
(e) resolutions passed by a company according its consent to the Board of directors to exercise powers stipulated under sections 293(1)(a), 293(1)(d) and 293(1)(e);
(f) resolutions passed by a company approving the appointment of sole selling agent under section 294 or 294AA;
(g) resolutions requiring a company to be wound up voluntarily, passed pursuant to section 484(1);
(h) copies of the terms and conditions of appointment of a sole selling agent under section 294 or of a sole selling agent or other person appointed under section 294AA.

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