Return of Allotent

07 March 2011

A Private Limited company allotted some equity shares to their existing director. Whether Form 23 require to file? or Form 2 is sufficient?

If Form 23 require, then please provide us section.

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SANTOSH SHAH (Company Secretary) (754 Points)
Replied 07 March 2011

Originally posted by : Abhijit Ghosh
	A Private Limited company allotted some equity shares to their existing director. Whether Form 23 require to file? or Form 2 is sufficient? If Form 23 require, then please provide us section.

Hello Abhijit,

In my opinion, Form 23 is required to be filed only in case of special resolution.

If allotment is by ordinary resolution then Only Form 2 would serve the purpose in terms of filing with MCA.

Other views welcome.

regards

Santosh Shah

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Mayuri Lal (officer CS) (748 Points)
Replied 07 March 2011

Hi abhijeet,

In ur case only Form 2 will be filed along with List of Allottees. Form 23 will not be required.

1 Like

Rajeev kumar Nayak (ACS) (283 Points)
Replied 07 March 2011

Hi,

In case of private company, allotment to any one including the director can be made by passing the Board resolution.

Therefore there is no need to file form 23. Form 2 will be filed withing 30 days of allotment.

Thanks

Rajeev Nayakk

1 Like

Shubha Agrawal (company secretary) (57 Points)
Replied 19 March 2011

hi,

in your case only form 2 will be filled.

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