Form No. 23 Companies Act 1956 Template

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FORM NO. 23 OF THE COMPANIES ACT, 1956

Are you a company executive in India needing a compliant Form No. 23 of the Companies Act, 1956 format to register charges on acquired properties? Our ready-to-use, customizable legal template in PDF or Word format simplifies compliance with the Registrar of Companies (ROC), saving you time and avoiding penalties.

What is Form No. 23 of the Companies Act, 1956?

Form No. 23 of the Companies Act, 1956 is a statutory document prescribed under Section 127 read with Section 125 of the Act. It is used by companies to file particulars of any charge on properties acquired subject to such charge. When a company acquires immovable or movable property that is already subject to a mortgage or charge, this form must be submitted to the ROC within 30 days of the acquisition date. This ensures transparency in the company's encumbrances and protects stakeholders' interests.

In the Indian corporate landscape, especially post-mergers, acquisitions, or asset purchases, accurately filing Form No. 23 format is crucial for maintaining legal records and upholding the company's creditworthiness.

Why is Form No. 23 of the Companies Act, 1956 Important?

Filing Form No. 23 is not optional—it's a legal requirement to make the charge enforceable against liquidators, creditors, and third parties. Failure to file within the stipulated time attracts penalties under Section 142 of the Act, including fines up to ₹500 per day of delay for the company and its officers. Key benefits include:

Legal Compliance: Ensures adherence to Companies Act, 1956 provisions.
Creditor Protection: Publicly records charges, aiding due diligence.
Risk Mitigation: Prevents disputes in insolvency or liquidation proceedings.
Ease of Access: Our free download Form No. 23 sample in editable format streamlines the process.

This form remains relevant even under the Companies Act, 2013, as legacy filings reference the 1956 Act for ongoing compliances.

Key Elements of Form No. 23 Format

A standard Form No. 23 of the Companies Act, 1956 template includes:

Company Details: CIN, name, registered office address.
Property Description: Full particulars of the immovable/movable property acquired.
Charge Details: Nature of charge (mortgage, hypothecation), amount secured, date of instrument creating charge.
Acquisition Date: When the property was acquired subject to the charge.
Particulars of Charge Holder: Name, address of the lender or chargee.
Verification: Signed by two directors or secretary, with attachments like charge instrument copies.

Our customizable legal template ensures all these sections are pre-filled and ready to use, compliant with ROC requirements.

Who Should Use Form No. 23 of the Companies Act, 1956?

This form is essential for:

Private and public limited companies in India acquiring charged assets.
Businesses involved in mergers, amalgamations, or slump sales.
Directors, company secretaries handling ROC filings.
Legal professionals advising on corporate compliance.

Common use cases include real estate acquisitions with existing mortgages, machinery purchases under hypothecation, or business transfers with secured debts.

Download Your Form No. 23 Format Now

Get instant access to our free Form No. 23 of the Companies Act, 1956 download in PDF/Word format. Customize it effortlessly using AI tools or professional legal help. Perfect for quick filings without starting from scratch.

Important Note

While our ready-to-use Form No. 23 sample is designed for accuracy, tailor it to your specific circumstances. Always consult a qualified company secretary or lawyer for personalized advice. Explore related legal templates like Form 8 (Creation of Charge), Form 10 (Modification of Charge), or Form 17 (Satisfaction of Charge) for comprehensive compliance. Keywords: Form 23 Companies Act 1956 PDF, free legal template India, ROC filing format, customizable agreement sample.

FORM NO. 23 OF THE COMPANIES ACT, 1956

FORM NO. 23

Registration No. of company??????. Nominal Capital: Rs. ???????

THE COMPANIES ACT, 1956

Registration of Resolution(s) and Agreement(s)]

[Pursuant to section 192]

Name of the company ???????????????????????????????

Date of despatch of notice ?????????

Date of passing ?????????????

Place of meting ?????????????

			Board?????????????????
A. Copy of the resolution(s) each			Shareholders??????????????
passed/agreed to by the			Class of shareholders???????????.
			Creditors ????????????????

the particulars of which are given below is/are filed along with the certified true copy of the explanatory statement under section 173, where applicable, for record.

S. No.	Subject matter of resolution	Reference to requirement under the Companies Act, 1956		Whether ordinary or special resolution or with requisite majority	Authority passing/ agreeing to the resolution
1	2	3		4	5



B.	Copy of the agreement made, whose particulars are given below is enclosed for record

S. No.	Subject-matter of agreement	Reference to section of the companies Act, of applicable		Date of agreement	Authority adopting the agreement
1	2	3		4	5



C.	It is certified that copy of the agreement(s) filed herewith is/are a true copy (ies) of the original.

Signature ????????????.

Name ?????????????..

(In Block Capital)

Designation???????????..

Dated the ??????? day of ???????? 19

Notes: 1. Authority adopting the agreement should be specified with reference to the requirement
of the Act, as to the validity of the agreement.

2. Copies of resolutions should contain reference to the serial number given in ?A? above.

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Important Guidelines

Guidelines for Drafting FORM NO. 23 OF THE COMPANIES ACT, 1956

Form No. 23 is used under the Companies Act, 1956, for filing an application to the Central Government for approval of the change of name of a company. Follow these guidelines for effective drafting:

Accurate Information: Provide precise details about the company, the current name, the proposed new name, and the reasons for the change. Accuracy is crucial for compliance.

Comprehensive Details: Include comprehensive information about the proposed change of name, specifying the implications and any benefits associated with the new name.

Legal Compliance: Ensure the form adheres to the legal requirements specified in the Companies Act, 1956, and any other applicable regulations. Seek legal advice to confirm compliance.

Board Resolution: Include a board resolution supporting the application for a change of name. Document the resolution in compliance with legal formalities.

Common Mistakes to Avoid:

Incomplete Information: Fill out all sections of Form No. 23 thoroughly. Any omissions or incomplete information may lead to rejection or delays in processing.

Mismatched Information: Ensure consistency across the form. Information in different sections should align to avoid discrepancies.

Failure to Attach Necessary Documents: Include all required supporting documents, such as the board resolution and any other documents specified in the form. Failure to do so may result in non-compliance.

Ignoring Legal Formalities: Be aware of the specific legal formalities and timelines associated with filing the application for a change of name. Failure to comply may result in legal complications.

Form No. 23 is crucial for companies seeking Central Government approval for a change of name. Adherence to these guidelines ensures a comprehensive and accurate application, minimizing the risk of legal complications and promoting regulatory compliance.

Frequently asked questions

What is Form No. 23 under the Companies Act, 1956?→

Form No. 23 is the official return of allotment of shares, required to be filed with the Registrar of Companies (ROC) in India under Section 75 of the Companies Act, 1956, detailing shares allotted, subscribers, and nominal value.

Is Form No. 23 still valid for use in India after the Companies Act, 2013?→

No, Form 23 has been superseded by Form PAS-3 under the Companies Act, 2013. It may only be relevant for historical records or companies under the old Act; consult a legal expert for current compliance.

Does Form No. 23 require stamp duty in India?→

Form 23 itself does not require stamp duty, but attached documents like share allotment resolutions or contracts may need stamping under the Indian Stamp Act, based on the state-specific rates.

In what format can I download Form No. 23?→

Form No. 23 is available for free download in editable Word (.docx) and non-editable PDF formats, ideal for customization and ROC submission.

Can I edit or customize Form No. 23 for my company?→

Yes, the Word version of Form No. 23 is fully customizable. Insert your company's details, share allotment information, and signatures before e-filing or physical submission.

What is the deadline for filing Form No. 23 with ROC?→

Form No. 23 must be filed within 30 days of the share allotment date (excluding the allotment date), along with the prescribed filing fee based on the company's authorized capital.