ROC Form 2

no,

if it is simple private placement then no need to file form 23 only form 2 is sufficient with attachement of list if allottes and baord resolution.

In which case, should Form 23 be filed ?

if u r doing prefrential allotment under section 81 1A den u have to file form 23 for passing special resolution.

Dear Vidisha,

Kindly appreciate there is no need to file form-23 along with form-2 for allotment if you are doing the allotment by passing board resolution. To understand teh filing of form-23 refer section 192 of teh companies act, 1956.

Form-23 is filed to register certain resolutions and agreements with ROC. For such resolutions and agreement refer the list given in section 192(4).

Please let me know if there is any doubt.

Best Regards

 Dear Vidisha. 

No form 23 is not required to be filed in case of allotment of shares. Just convene a B.M and just the list of allottees is required to be attached in form 2. 

Form 23 is to be filed to register certain resolutions and agreements 

Few i can say is 1.) Change in name of the Company 2.) Change in object Clause of the Company

3..) Change in Registered office in diff state. 4.) Appt of M.d or  Whole Time Director

For rest all Kindly refer Sec 192 

Form 23 needs to be filed only when the members of a pub. co. ( @ A/EGM) pass a resol'n u/s 81 (1A) (a) to waive their right reg. preferential allotment of shares to themselves.

This resol'n has to be a SR, hence Form 23 has to be filed in such cases.

In any other case, file Form 2 straight forward.

VIDISHA,

NO FORM 23 IS NOT REQUIRED TO BE FILED IN CASE OF ALLOTMENT OF SHARES. AND THE LIST OF ALLOTTEES IS MUST TO BE ATTACHED IN FORM 2. 

FORM 23 IS TO BE FILED TO REGISTER CERTAIN RESOLUTIONS AND AGREEMENTS 

FEW I CAN SAY that IS:-

·         CHANGE IN NAME OF THE COMPANY:-

·         CHANGE IN OBJECT CLAUSE OF THE COMPANY:-

·         CHANGE IN REGISTERED OFFICE IN DIFF STATE.

·         APPT OF M.D OR WHOLE TIME DIRECTOR

FOR REST ALL KINDLY REFER SECTION 192, OF COMPANY ACT.

RAMESH KUMAR VERMA

Dear All,

I think there is no need to further say that form 23 is not required to be filed in this case because earlier many of the replies are already mentioned the same fact.

But in addition it is pertinent to mention here that form 23 is required to be filed in any case where the resolution or agreement is reqrired to be registered with ROC i.e. what section 192 is all about. Specially in case of every Special Resolution and certain other Board and Ordinary resolutions.

I would like to know the no. of the days the ROC may take to approve or reject the filed Form 2 ?

Well it depends on the work load & certain other factors like holidays and there is no fix or statutory time limit for ROC to approve. For example if you upload your form on friday just before Holi then there would be no response from ROC before wednesday due to Holiday for Holi.

Normally it took 2-3 days.

Regards

dear sir/mada

i want to know what document are required for filling form 2 in roc and and what is the procedure for this

Is Form 23 required to make allotment to other than member of a unlisted public company ?

Can a special resolution be passed at EGM at the beginning of the year to allow Board to allot certain number of shares within next 12 month ?

And can the same form (SRN) be used for more than 1 allotment during the year?