Overview

What is SECP Form 26?

Form 26 (SECP) is one of those very important SECP forms that are occasionally filed by a company. You will have to file a form 26 in certain instances and matters that require a special resolution of a company. Whenever such matters are taken up by the company, the company must file Form 26. This form is filed to inform the registrar about passing a special resolution by the company.

When to File Form 26 with SECP

Whenever a company approves a special resolution, it must inform the registrar about the resolution in the prescribed manner within 15 days from the date of passing the special resolution. If you fail to inform the registrar about the resolution within the given time, a late filing fee may be incurred.

Time for filing Form 26

As required under the Companies Act, 2017, the form to report the special resolution must be filed with the registrar within 15 days from the resolution date. In case of failure to file or delay the filing may invite penal action by the registrar.

Format of Form 26

SECP has prescribed a specific format for filing a special resolution in Form 26 that you can download here if you wish to file it in physical form. However, for online submission, you will have to log in to your SECP eservices account.

Information to be provided in the Form 

Form 26 has three (03) parts and all the parts must be duly filled by the company.

Part 1 of  the Form  

This part requires information about the name and CUIN of the company. Further, it requires details of the fee payment like amount and challan number.

Part 2 of the Form 

This part of the form is most important and all the relevant information is filled in this part. This part requires the following information:

  • Date of Dispatch of notice of meeting specifying the intention to propose the special resolution
  • Specify the intention to propose the resolution as a special resolution
  • Date of the passing of Special Resolution
  • Total Number of Members
  • Members present in person or through a proxy in the meeting or voted through postal ballot
  • Members voted for
  • Members voted against
  • At a general meeting of the members of the said company, duly convened and held at
  • Place (City)
  • Text of the special resolution

Third Part of the Form 

The third and last part of Form 26 contains a declaration of the authorized signatory about the correctness of the information and compliance with the relevant provisions of the law.

How to File the Form?

Like any other form to be filed by a company, you can file Form 26 in two ways; Online or Offline (physical form). In the case of an online form, first, you will fill in the form and attach the required documents and after submission print the challan for payment of fees. If you prefer to submit the offline form, fill in the form and submit it to the relevant company registration office along with the required documents and payment challan. 

Hope you now know what is Form 26 and how to file it. You may also learn about other SECP forms that you may need to file on certain occasions. This will help you to be fully compliant with the law and avoid penalties.

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