Dear Friends,
What is the complaince with ROC for inserting a Borrowing Clause in the AOA?
Do i have to file only the insertiion clause or the whole AOA again?
whether form 23 is valid file enough?
Plz help,
Indranil.
Indranil (Chartered Accountant) (177 Points)
29 March 2012
Dear Friends,
What is the complaince with ROC for inserting a Borrowing Clause in the AOA?
Do i have to file only the insertiion clause or the whole AOA again?
whether form 23 is valid file enough?
Plz help,
Indranil.
Anshu Shrivastava
(company secretary)
(143 Points)
Replied 29 March 2012
I dont find any need to adopt a new set of AOA for the purpose.
U can inset that clause by passing special resolution in the general meeting of the company and thus filing form 23 would be sufficient.
Kiran Toshniwal
(Practicing Company Secretary)
(142 Points)
Replied 29 March 2012
Hi,
Attach revised AOA to form 23 and file the same with ROC.
Regards.
Kiran T
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 29 March 2012
Hi,
Inserting a Borrowing Clause in the AOA amounts to alteration of Articles which requires approval of shareholders u/s 31 by way of Special resolution.
So here is the procedure:
In the notice of GM simply mention the new clause to be inserted.
However when you file form 23 with ROC it is advisable to attach full copy of amended articles with form 23.
Regards
rashmi
(cs trainee)
(318 Points)
Replied 30 March 2012
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