A proprietorship firm was taken over by a pvt ltd co. Is the pvt co. required to file form 23 in ROC for registration of resolution and/or agreement.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 August 2009
Hi Priyanka,
Form 23 is required to be filed for registration of certain resolutions and Agrements the list of which is given in Section 192 of the companies act, 1956.
So as per Section 192 if during the process of takeover you have passed any Special Resolution in general meeting then such resolution is required to get registered with ROC by filing form 23 with in 30 days of passing such resolution.
Now youcan judge yourself about the requirement of filing from 23 in your case.
In case of any doubt please revert.
Best Regards