Time limit for filing form 1b
This query is : Resolved
CMA. CS. Sanjay Gupta
(Querist)
25 December 2011
For Conversion of Public Ltd company into Private Limited Company approval of Central Government is required to be obtained y making an application in form 1B after filing of Form 23 for filing Special Resolution passed in AGM for conversion.
The question is what is the time limit for filing of form 1B i.e., within how many days of filing of form 23 the form iB is required to be filed?
The question is what is the time limit for filing of form 1B i.e., within how many days of filing of form 23 the form iB is required to be filed?
CS Mitesh Mehta
(Expert)
26 December 2011
Make an application electronically to the concerned Registrar of Companies in e-Form 1B within 3 months from the date of the general meeting at which the special resolution for alteration of the articles was passed.
CMA. CS. Sanjay Gupta
(Querist)
27 December 2011
Yes that is known..I wanted to is there any condition which says form 1B shall be filed within 1 month of filing form 23?
Jiten Gupta
(Expert)
28 December 2011
I think this situation can not occur because 23 is filed within 30 days of passing S.R. and if u say that 1B is filed within 30 days of form 23 then condition of 3 months from date of passing S.R. shall be breached. 30+30=60days.
Then what about 3 Months??
Then what about 3 Months??
CMA. CS. Sanjay Gupta
(Querist)
28 December 2011
FORM 1B TO BE FILED WITHIN 3 MONTHS OF PASSING SPECIAL RESOLUTION.
FORM 23 TO BE FILED WITHIN 1 MONTH OF PASSING SR. SO IF FORM 1B IS REQUIRED TO BE FILED WITHIN 30 DAYS AFTER FILING FORM 23 WHERE IS THE BREACH AS IT WILL BE FILED INSIDE 3 MONTH OF PASSING SR AS REQUIRED.
FORM 23 TO BE FILED WITHIN 1 MONTH OF PASSING SR. SO IF FORM 1B IS REQUIRED TO BE FILED WITHIN 30 DAYS AFTER FILING FORM 23 WHERE IS THE BREACH AS IT WILL BE FILED INSIDE 3 MONTH OF PASSING SR AS REQUIRED.
Jiten Gupta
(Expert)
28 December 2011
yup u are right. But try to understand the situation here. If there had been any provision of filing form 23 within 30 days for filing 1B then there would not have been any such 3 months provisions.
CMA. CS. Sanjay Gupta
(Querist)
28 December 2011
Actually this 30 day provision is given in Company Law Ready Recknor but i am not quite sure.
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