About this agreement
FORM NO. 23AB OF THE COMPANIES ACT, 1956
Need a precise FORM NO. 23AB of the Companies Act, 1956 format for issuing shares at a premium? Download our ready-to-use, customizable legal template in PDF or Word format today and ensure seamless ROC compliance in India.
What is FORM NO. 23AB?
FORM NO. 23AB is a statutory valuation report mandated under the Companies Act, 1956, specifically for companies (other than listed ones) issuing shares at a premium. This form, certified by a qualified chartered accountant, accompanies Form 2 and must be filed with the Registrar of Companies (ROC). It justifies the premium amount based on a fair valuation, complying with Section 78, which governs premium on shares. Whether you're a private limited company or an unlisted public company raising capital, this FORM NO. 23AB format is essential for legal validity and transparency in share allotments.
Why is FORM NO. 23AB Important?
Compliance with FORM NO. 23AB is non-negotiable to prevent penalties under the Companies Act. Failure to file can attract fines up to ₹5,000 per day, director disqualifications, and potential invalidation of the share issue. It safeguards investor interests, demonstrates due diligence, and builds trust with stakeholders. In India's evolving corporate landscape, using a accurate FORM NO. 23AB sample ensures your fundraising aligns with MCA guidelines, avoiding delays in approvals and audits.
Key Elements of FORM NO. 23AB Format
Our FORM NO. 23AB template includes all mandatory sections for quick preparation:
- Company Particulars: CIN, name, registered office address, and authorized capital.
- Share Issue Details: Number of shares, nominal value, issue price, and premium amount.
- Valuation Methodology: Explanation of methods like Discounted Cash Flow (DCF), Price Earnings (P/E) ratio, Net Asset Value (NAV), or comparable company analysis.
- Fair Value Justification: Detailed computations, assumptions, and market comparables supporting the premium.
- Chartered Accountant Certification: Signature, membership number, firm details, date, and seal.
- Annexures: Supporting financial statements, valuation reports, or board resolutions.
This structure makes the FORM NO. 23AB ready to use, saving hours of drafting.
Who Should Use FORM NO. 23AB?
Ideal for:
- Private limited companies issuing fresh shares or to promoters at premium.
- Startups and SMEs raising venture capital or angel investments.
- Family-owned businesses restructuring capital.
- Unlisted public companies complying with ROC filings. Common use cases include preferential allotments, employee stock options with premium, or buybacks. If your business in India is scaling up capital without listing, this FORM NO. 23AB legal template is a must-have.
Download FORM NO. 23AB Format for Free or Premium
Get instant access to our FORM NO. 23AB of the Companies Act, 1956 sample. Choose free download for basic PDF/Word format or upgrade to premium for AI-powered customization and legal review options. Fill in your details, get CA certification, and file confidently with ROC.
Customization, Legal Advice, and More
While our customizable FORM NO. 23AB template meets standard requirements under the Companies Act, 1956, it's advisable to consult a company secretary, chartered accountant, or lawyer for case-specific modifications, especially post-2013 Act transitions. Tailor it effortlessly with our tools for Indian court and company needs.
Explore related legal templates: Form 2 ROC filing, Share Subscription Agreement, Companies Act forms India, valuation certificate sample, premium share issue format. Stay compliant and efficient!