Form 23A Companies Act 1956 Template

About this agreement

Title: Form No. 23A of the Companies Act, 1956

Need a reliable Form No. 23A of the Companies Act, 1956 format to ensure seamless compliance when filing particulars of charges with the Registrar of Companies (ROC) in India? Our ready-to-use, customizable legal template in PDF or Word format simplifies the process for businesses and professionals.

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

Form No. 23A is a statutory form prescribed under Section 125 of the Companies Act, 1956. It is used by companies to file particulars of any charge created or modified on their properties or assets, excluding charges on debentures. This form must be submitted to the ROC within 30 days of the creation or modification of the charge. Although the Companies Act, 2013 has superseded the 1956 Act, legacy filings and certain provisions still reference this format, making it essential for historical compliance or transitional matters in India.

Accurate and timely filing via Form No. 23A format ensures the charge is registered publicly, protecting the interests of lenders, shareholders, and creditors.

Why is Form No. 23A Important?

Filing Form No. 23A is crucial for corporate compliance in India. Failure to file within the stipulated time can attract penalties up to ₹500 per day of delay, as per the Act. It creates a public record of encumbrances on company assets, enabling transparency in financial dealings. For businesses securing loans against immovable or movable property, this form is a legal requirement that safeguards lender rights and informs potential investors. Using a professional Form No. 23A sample or format minimizes errors, speeds up approval, and avoids rejections from the Ministry of Corporate Affairs (MCA).

Key Elements of Form No. 23A Format

A standard Form No. 23A of the Companies Act, 1956 includes the following essential sections:

Company Details: Name, registration number, address, and authorized signatory.
Charge Particulars: Date of creation/modification, amount secured, and rate of interest.
Description of Property Charged: Detailed inventory of immovable/movable assets, including location and value.
Parties Involved: Name, address, and description of the charge holder (e.g., bank or financial institution).
Terms of Charge: Conditions, repayment schedule, and any floating charge details.
Verification: Declaration by the company secretary or director, with date and signature.

Our customizable template ensures all these elements are pre-filled and editable for your specific needs.

Who Should Use Form No. 23A?

This form is indispensable for:

Private and public limited companies in India creating mortgages, hypothecations, or pledges.
Businesses availing term loans, working capital facilities, or asset-based financing.
Company secretaries, chartered accountants, and legal professionals handling ROC filings.
Startups and SMEs ensuring MCA compliance during funding rounds.

Common use cases include property mortgages for expansion, equipment hypothecation for machinery purchases, or modifications to existing loan agreements.

Download Form No. 23A Format Now

Get your free downloadable Form No. 23A of the Companies Act, 1956 in PDF or Word format today. Customize it instantly with our AI-powered tool or seek professional legal help for complex cases. Ready-to-use and compliant with Indian court and ROC requirements.

Important Note

While our Form No. 23A legal templates are designed for ease and accuracy, they should be reviewed by a qualified company secretary or lawyer before filing. Always verify the latest MCA guidelines, as forms may evolve. Explore related formats like Form 8, Form 10, or charge modification templates for comprehensive corporate compliance solutions in India.

FORM NO. 23A OF THE COMPANIES ACT, 1956

Non-Judicial

FORM NO. 23A

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

Paid-up Capital Rs. ????????

THE COMPANIES ACT, 1956

Form of Application to the Central Government for obtaining for the previous approval for Appointment/Continuance of the former Managing Agents or Secretaries and Treasurers

[pursuant to section 204A(1)]

(a) Name of Company
ii. Address of its registered office
ii. Address of the principal office if it is other than the registered office
ii. Branches at

(b) (a) Management structure (full list of directors/managing directors/manager/secretary with particulars of other directorships, if any held by them)
ii. Details of the existing capital structure
ii. Turnover (for each of the last three financial years)
ii. Net profits (for each of the last three financial years)

3. (a) The proposal for which Central Government?s approval is sought including particulars of remuneration payable and the reasons therefor
(b) In case of appointment existing as on the date of commencement of the Companies(Amendment) Act, 1974 particulars of remuneration payable as on the said date
4. If the proposal is for appointment of former managing agents or secretaries and treasurers:
(a) Name and status (whether individual, firm or body corporate) of the former managing agents or secretaries and treasurers of the company and business being carried on by them
(a) (i) In the case of a body corporate, name of the directors (including managing directors and whole-time directors, if any)	(b)
ii. In the case of a firm, names of partners

Particulars of remuneration paid to managing agents or secretaries and treasurers during the last year of appointment as such under the company and copy of relevant approval of the Central Government for the said remuneration.

If the proposal is for appointment of an associate of former managing agents or secretaries and treasurers:
(a) Name and status of such associate and business carried on by the said associate.
(b) (I) In case of body corporate, name of the directors (including managing directors and whole-time directors, if any)
(ii) In case of firm, name of partners.
? The date since when the relationship of associate to the managing agents or secretaries and treasurers existed (bringing out the nature of the association )
Name of the office, i.e. consultant, adviser, etc.
Nature of services to be rendered and justification for such appointment or continuance.
Age, qualification and experience.
Has the proposal been approved by the company in general meeting ; if so, one copy of the resolution passed should be furnished.
Declaration:
I/We solemnly declare that the fact stated in this application are true to the best of my/our knowledge, information and belief.
Signature ?????????????

Designation ?????????????

Dated this ????????. Day of ?????. 19 ???????

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Important Guidelines

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

Form No. 23A is employed under the Companies Act, 1956, for filing a declaration of solvency in case of a proposal to wind up a company voluntarily. Follow these guidelines for effective drafting:

Accurate Information: Provide precise details about the company, its financial status, and the decision to wind up voluntarily. Accuracy is crucial for legal compliance.

Solvency Declaration: Clearly state the solvency of the company, supported by the financial statements and a declaration from the majority of the directors.

Legal Compliance: Ensure the form aligns with the legal requirements stipulated in the Companies Act, 1956, for voluntary winding up. Seek legal advice to confirm compliance and avoid potential discrepancies.

Board Resolution: Include a board resolution supporting the decision to wind up voluntarily and the declaration of solvency. Document the resolution in compliance with legal formalities.

Common Mistakes to Avoid:

Incomplete Information: Fill out all sections of Form No. 23A thoroughly. Any omissions or incomplete details 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 financial statements and board resolution. 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 declaration. Failure to comply may result in legal complications.

Form No. 23A is crucial for companies opting for voluntary winding up. Adherence to these guidelines ensures a comprehensive and accurate filing, minimizing the risk of legal complications and promoting regulatory compliance.

Frequently asked questions

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

Form No. 23A is a legal document used by Indian companies to file particulars of creation or modification of charge (other than debentures) with the Registrar of Companies (ROC) under Section 125 of the Companies Act, 1956.

Is Form No. 23A still valid in India under the Companies Act, 2013?→

Form 23A was prescribed under the Companies Act, 1956 and has been replaced by Form CHG-1 under the Companies Act, 2013. Verify with MCA portal for transitional provisions or legacy filings.

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

Form No. 23A is available for free download in both PDF (non-editable) and editable Word formats, ideal for legal compliance in India.

Do I need to pay stamp duty for Form No. 23A?→

Stamp duty applies to the underlying charge instrument as per state-specific Indian Stamp Act rates; Form 23A filing itself requires ROC fees, not separate stamp duty.

When and who should file Form No. 23A?→

Companies creating or modifying charges like mortgages (excluding debentures) must file Form 23A within 30 days of creation with the ROC in India.

Can I customize or edit the Form No. 23A agreement template?→

Yes, the Word version of Form No. 23A is fully customizable. Edit company details, charge particulars, and ensure legal accuracy before e-filing or submission.