Form No. 35 Companies Act 1956 Template

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FORM NO. 35 OF THE COMPANIES ACT, 1956 Format

Are you a receiver or manager appointed for a company in India and need a precise FORM NO. 35 of the Companies Act, 1956 format to submit your abstract of receipts and payments? Our ready-to-use, customizable legal template in PDF and Word format ensures compliance with Section 421 of the Act, saving you time and reducing errors.

What is FORM NO. 35 under the Companies Act, 1956?

FORM NO. 35 of the Companies Act, 1956 is the official Receiver’s or Manager’s Abstract of Receipts and Payments. This mandatory form is prescribed under Rule 96 of the Companies (Central Government's) General Rules and Forms, 1956. It is used by receivers or managers appointed by courts or through debentures to report their financial transactions periodically. Whether in winding-up proceedings, insolvency cases, or secured creditor enforcements, this form provides transparency into cash flows, assets realized, and payments made, ensuring accountability to stakeholders, courts, and the Registrar of Companies (ROC).

In the Indian corporate landscape, especially post the transition to Companies Act, 2013, legacy formats like FORM NO. 35 remain relevant for ongoing proceedings under the 1956 Act. It's a critical document for maintaining legal compliance and avoiding penalties under Section 421, which mandates filing every six months.

Why is FORM NO. 35 Format Important?

Submitting the FORM NO. 35 format is legally required to demonstrate proper management of company assets. Non-compliance can lead to personal liability for the receiver/manager, contempt of court, or delays in liquidation processes. Key benefits include:

Legal Compliance: Meets ROC and court requirements precisely.
Transparency: Builds trust with creditors, shareholders, and regulators.
Efficiency: Pre-formatted structure speeds up preparation.
Audit-Ready: Facilitates scrutiny by chartered accountants or official liquidators.

This form is indispensable in scenarios like bank recoveries under SARFAESI Act integrations or company voluntary liquidations, preventing disputes over fund utilization.

Key Elements of the FORM NO. 35 Format

Our professional FORM NO. 35 of the Companies Act, 1956 sample includes all essential sections for accuracy:

Header Details: Company name, registration number, receiver/manager's name, appointment date, and period covered (e.g., six months).
Receipts Schedule: Breakdown of cash/book debts received, including dates, amounts, and sources (assets sold, rents, etc.).
Payments Schedule: Detailed outflows like salaries, legal fees, creditor payments, with vouchers referenced.
Balance Statement: Closing balances in bank/hand, unclaimed dividends, undistributed assets.
Verification Certificate: Signed by the receiver/manager and countersigned by auditors, affirming accuracy.
Annexures: Supporting schedules for investments, calls in arrears, etc.

This comprehensive structure aligns with the statutory format, making it ready to use for Indian companies.

Who Should Use FORM NO. 35 of the Companies Act, 1956?

This legal template is ideal for:

Court-appointed receivers in winding-up petitions.
Debenture trustees' managers for secured assets.
Insolvency professionals handling legacy 1956 Act cases.
Law firms, chartered accountants, and company secretaries assisting in corporate rescues or liquidations.

Common use cases span civil recovery suits, NCLT proceedings, and DRT enforcements across India.

Download FORM NO. 35 Format Now

Get instant access to our customizable FORM NO. 35 of the Companies Act, 1956 in PDF/Word format. Perfect for free download preview or premium editable version. Tailor it to your case with AI assistance or legal expert review – just a few clicks away!

Customization, Legal Advice, and More

While our FORM NO. 35 sample is designed for immediate use, customize it further using our AI tools for specific details. Always consult a qualified company secretary or lawyer in India for case-specific advice, as this is not a substitute for professional legal opinion. Explore related templates like Form 36 (Liquidator’s Account), ROC filings, or Companies Act, 2013 equivalents for seamless compliance.

Keywords: FORM NO. 35 Companies Act 1956 free download India, receiver abstract format PDF Word, legal template ready to use, customizable ROC form.

FORM NO. 35 OF THE COMPANES ACT, 1956

FORM No. 35

Registration No. of Transferee Company________________.

No. if any, of Transferor Company_____________________..

THE COMPANIES ACT, 1956

Notice to dissenting shareholders

[Pursuant to section 3951

_________________________________________ Limited/Private Limited' (hereinafter called "the transferor company").

"Notice by _______________________________Limited/Private Limited2 (hereinafter called "the transferee company").

TO____________________________________________________________________.. Whereas on the ___________.day of______.19______. the transferee company made an offer to all the holders of _________shares in the transferor company (state shortly the nature of the offer)______; and

Whereas up to the______________ day of_______. 19__________. being a date within four months of the date of the making thereof such offer as approved by the holders of not less than nine-tenths in value of the said shares other than shares already held at the date of the offer by or by a nominee for the transferee company or its subsidiary.

Now, therefore, the transferee company in pursuance of the provisions of section 395(1) of the Companies Act, 1956 hereby gives you notice that it desires to acquire the........................ shares held by you in the transferor company.

And further take notice that unless, upon application made to the Court by you the said'_____________.. on or before the day of ___________19________________ being one month from the date of this notice, the court thinks fit to order otherwise, the transferor company will be entitled and bound to acquire the_____________ shares held by you in the transferor company on the terms of the above-mentioned offer, approved by the approving .............. shareholders in the said company.

Signature for'

Dated this _________.day of_________ 19________. Designation'

Name of transferor company.
Name of transferee company.
Name(s) and addressees) of dissenting shareholder(s).
If the offer is limited to a certain class or classes of shareholders, state description of that class or those classes.
State whether Director, Managing Director, Manager or Secretary.

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Important Guidelines

Guidelines for Drafting FORM NO. 35 OF THE COMPANIES ACT, 1956

Form No. 35 is a document used under the Companies Act, 1956, for filing an application for the approval of the Central Government for alteration of the memorandum of association. Follow these guidelines for effective drafting:

Accurate Information: Provide precise details about the company, the proposed alterations to the memorandum of association, and the reasons for such alterations. Accuracy is crucial for compliance.

Comprehensive Details: Include comprehensive information about the specific clauses or provisions proposed to be altered in the memorandum of association. Clearly articulate the nature and implications of the alterations.

Legal Compliance: Ensure that 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 approval. Document the resolution in compliance with legal formalities.

Common Mistakes to Avoid:

Incomplete Information: Fill out all sections of Form No. 35 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, special 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. Failure to comply may result in legal complications.

Form No. 35 is crucial for companies seeking Central Government approval for alterations in the memorandum of association. 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. 35 under the Companies Act, 1956?→

Form No. 35 is the official notice by a liquidator of their appointment by the court, used in company winding-up proceedings under the Companies Act, 1956 in India.

Is Form No. 35 still legally valid in India after the Companies Act, 2013?→

The Companies Act, 2013 has replaced the 1956 Act, but Form 35 may apply to ongoing legacy cases; consult the Registrar of Companies (ROC) or a legal expert for current validity.

Does Form No. 35 require stamp duty in India?→

Stamp duty may be required as per the state-specific Indian Stamp Act; typically nominal for such notices—check local rules before filing.

In what format can I download Form No. 35?→

Form No. 35 is available for free download in editable Word (.docx) and PDF formats for easy use.

Can I customize or edit Form No. 35?→

Yes, this customizable legal agreement template allows editing of details like company name, liquidator info, and dates to suit your needs in India.

Who should use Form No. 35 of the Companies Act, 1956?→

Court-appointed liquidators in company liquidation cases under the 1956 Act should use and file this form with the ROC in India.