Sec 192 applicability

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 September 2010 Pls confirm
1. Applicability of Sec 192A for the following:

Every business which is a special business of AGM i.e. which has explanatory statement u/s 173(2)as attachment:

- if it is passed as Ordinary resolution
- if it is related to appointment of directors which are either newly appointed or were as addl directors and form 32 is already filed

2. Whether Sec 192 recommends only form 23 does not take cognizance of form 32 as in the above case.

Ankur Garg

Ankur Garg (Expert)

29 September 2010 Kindly appreciate form 23 is required to be filed with ROC to register certain agreements and resolutions the list of which is given in section 192.

For example if you have passed any special resolution then u hv to file form 23 with in 30 days of passing.

Filing of form 23 has nothing to do with special or ordinary business.

For appointment of director form 32 needs to be filed.

Kindly go through the list given in section 192.

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Ajay Mishra

Ajay Mishra (Expert)

29 September 2010 Section 192 deal with filing of a copy of resolution and agreement with ROC for registration.

The section provides under which condition you can file Form-23 with ROC for registration of resolution and agreement.

For appointment of additional director or new director there is no need to file Form-23 with ROC under section 192 of the Companies Act, 1956.

Regards

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