Form 23 & 66

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CA. Anirban Mukherjee (Querist)

29 March 2012 A pvt wishes to raise Authorised & paid up capital from 10lacs to 2.5 crores and has passed a ordinary resolution in a EGM fro that:-
1. Is it compulsory for the company to file Form 23?

2. If yes then whether it can be filed after filing Form 5?

3. Is it compulsory for the company to file Form 66?

Ajay Mishra

Ajay Mishra (Expert)

29 March 2012 Hi

If u are not altering Share Capital Clause of Article of Association of the company then no need to file Form-23 and Form-66.

You just file Form -5 with ROC for authorised capital increase with in 30 days from passing of resolution.

Regards

Jiten Gupta

Jiten Gupta (Expert)

29 March 2012 Agree with Ajay Sir!!

You are required to file Form 5 and Form 2 within 30 days of increasing ASC and Paid Up Capital of company respectively!!

the Company is required to file E-Form 66 with CC within 30 days of AGM.

E-Form 23 is required to be filed in case you are altering AOA simultaneously with MOA! As the Section 94 read with section 97 of companies act only require OR to alter capital clause of MOA. As per section 192, E-form 23 is to be filed for SR and for some other sections including 293 where OR is required to be passed.

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