Filing of Form 23

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Deepa Varghese

Deepa Varghese (Querist)

09 March 2010 can someone please confirm in which all circumstances we should file eform 23 ?
Thanks

Ankur Garg

Ankur Garg (Expert)

09 March 2010 Form-23 is required to be filed under section 192 of the companies act, 1956 for Registration of certain resolutions and agreements with ROC.

The matters for which form 23 is required to be filed are given in section 192(4).

Find below the list given in section 192(4):

Section 192(4) This section shall apply to-

(a) 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 or renewal of the appointment, or variation of the terms of appointment, of a managing director;

(e) 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;

(ee) resolutions passed by a company-

(i) according consent to the exercise by its Board of directors of any of the powers under clause (a), clause (d) and clause (c) of sub-section (1) of section 293;

(ii) Approving the appointment of sole selling agents under 8[section 294 or section 294AA];

(f) Resolutions requiring a company to be wound up voluntarily passed in pursuance of sub-section (1) of section 484; and

(g) copies of the terms and conditions of appointment of a sole selling agent appointed under section 294 or of a sole selling agent or other person appointed under section 294AA.

Best Regards

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