We are redesignationg one of the directors of our Co(Pvt. Co.). as MD by a Board Resolution, so in this case we are filing form 32 and form 23, so should we attach notice to form 23??
Reply its very very urgent.
Priya
Priya Sharma (Company Secretary & Student.MBA) (998 Points)
11 August 2009We are redesignationg one of the directors of our Co(Pvt. Co.). as MD by a Board Resolution, so in this case we are filing form 32 and form 23, so should we attach notice to form 23??
Reply its very very urgent.
Priya
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 11 August 2009
Disagree with Jithesh.
You have to file form 23 for the appointment of MD irrespective of the method of appointment and also required to attach notice along with the explanatory Statement.
Filing form 23 for appointment of MD is specifically desired by Section 192(4)(c).
Revert if there is any doubt.
Regards
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 11 August 2009
Yes You are right, Thanks for correcting.
Regards
jithesh
Priya Sharma
(Company Secretary & Student.MBA)
(998 Points)
Replied 12 August 2009
But Sir if the AOA says that sec 173(2) shall not apply to the Company so in that case also do we need to attach explainatory statement??
Regards
Priya
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 12 August 2009
Priya
As per companies Act it is mandatory that if ypu are passing any resolution as Special resolution , we have to file Form 23 with Notice and Explanatory Statement, It is a statutory requirement.
I don't think RoC will approve a Form 23 with out notice and explanatory statement and more over you cannot file form 23 unless you attach the notice and explanatory as they itself are mandatory requirement as per MCA - 21
Hope this may clarify ur query
Regards
Jithesh
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 August 2009
Originally posted by :Priya Sharma | ||
" | But Sir if the AOA says that sec 173(2) shall not apply to the Company so in that case also do we need to attach explainatory statement?? Regards Priya |
" |
Agree with Jitesh.
It is very much required to attach.
Muralidharan
(Self Employed)
(1034 Points)
Replied 12 August 2009
Dear Members
Satyarth
(a)
(30 Points)
Replied 26 July 2011
What do i need to do to incorporate required clause "That the business of the Company will be ____" in the Main Object clause of MOA...?
Warm Regards
JEHAN MEHTA
(organization)
(31 Points)
Replied 06 September 2012
i want to change my MOA & AOA address from delhi to mumbai, please guide me with the procedure, someone said form no. 23 has to be filled
please help me
thank you
waiting for your replies
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 06 September 2012
Dear Mr mehta,
Yes, if you want to change your registered office from one state to another, you will have to file form 23 as this is in respect of resolutins passed and also form 18 for change in address of the office. the procedure is attached as the document. Please have a look.
Regards,
Aditya
JEHAN MEHTA
(organization)
(31 Points)
Replied 06 September 2012
Dear Aditya,
Thank you so much, really appreciate your reply,
tc
Durgesh Chauhan
(Chartered Accountant)
(52 Points)
Replied 14 January 2014
anybody can please tell me in which cases we have to file form 23 whether it is required to file only i am passing special resolution or even in case of ordinary resolution??????
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