Allotment of shares

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samita

samita (Querist)
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18 February 2012 Hiii,

I want to know for fresh allotment of shares in a limited company EGM is must or not.

Guest

Guest (Expert)

18 February 2012 You have to pass resolution u/s 81 for issuing further shares (preferential allotment) on right basis OR u/s 81 (1A) for issuing shares to other than existing shareholders.

In case you pass SR u/s 81 (1A) EGM will be held and form 23 shall be filed with ROC.

Ajay Mishra

Ajay Mishra (Expert)
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19 February 2012 Hi

Agree with Ms. Neha, but in case of Private Limited company you can allot shares by Board Meeting in place of general meeting.

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samita

samita (Querist)
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20 February 2012 Thanks but the allotment is to existing shareholders.even then form 23 and form 2 will be filled..& 81(1)A will be applicable.

Ajay Mishra

Ajay Mishra (Expert)
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20 February 2012 Hi

In case of public company, if they are made preferential allotment under section 81 (1A) of the Companies Act, 1956, then it will file Form-23 with ROC within 30 days from the date of passing of shareholders resolution.

Form-2 will be filed with in 30 days from the date of allotment of Board Resolution and not from shareholders resolution.

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samita

samita (Querist)
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23 February 2012 Thankss Sir..