24 June 2010
Go to Mca Portal "www.mca.gov.in" Select a category to download eForm 5 with instruction kit, read and follow the related instruction to familiarise yourself with the procedures
The Company is required to convene a Board Meeting approving the Notice convening an General Meeting whereat the Approval of the Members is to be obtained for the Increase in Authorised Share Capital by Ordinary Resolution.
Also to check if the Articles of Association is required to be altered regarding the Share Capital.
If required, Approval of Members is to be obtained for alteration of Articles by Special Resolution.
(Complying with the Provisions of the Companies Act 1956) - The Notice and Extract of the same goes as attachment to the Form 23 along with the MOA, AOA and Other related Documents.
Prepare form 5 by adopting the following procedure.
Please note the following:
Please note that filing of this form shall not be allowed in case there is any other eForm 5 pending for payment of fee or any other eForm 5 is under processing in respect of the company.
Enter the Corporate Identity Number (CIN) of the company.
You may find CIN by entering existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal
Click the “Pre-fill” button.
System will automatically display the name, registered office address and the email ID of the company. In case there is any change in the email ID, enter the new valid email ID.
Select the purpose of the form.
For ‘Increase in share capital independently by company’
Select the type of resolution and enter date of meeting in which the concerned resolution has been passed. Enter service request number (SRN) of eForm 23, if any filed with RoC for the registration of the above resolution.
System will automatically display the existing authorised capital of the company.
Enter the revised authorised capital (after increase) of the company and amount of difference in authorised capital (addition).
Enter the details for the break-up of the additional authorised capital for Equity shares and Preference shares and the conditions in respect of their issue.
Select whether articles of association have been altered. In case articles have been altered then it shall be mandatory to attach copy of altered articles of association.
Stamp duty on eForm 5 can be paid electronically through the MCA portal and in such case submission of physical copy of the uploaded eForm 5 to the office of RoC is not required.
Payment of stamp duty electronically through MCA portal is mandatory in respect of the States which have authorized the Central Government to collect stamp duty on their behalf. In respect of the States from whom the authorization is yet to be received, the company will continue to pay stamp duty outside the MCA portal. List of states/ union territories for which stamp duty cannot be paid electronically is available on MCA Portal.
Select whether stamp duty is to be paid electronically through MCA portal or not.
System shall automatically display the amount of stamp duty to be paid on Form 5 based on the state wise stamp rules.
‘Yes’ shall be selected for the states and union territories where stamp duty is mandatory to be paid electronically through MCA portal and in case amount of stamp duty to be paid electronically is greater than zero.
‘No’ shall be selected only for the states and union territories for which stamp duty cannot be paid electronically. In such cases, the existing process of submission of original stamped physical copy of the uploaded eForm 5 to the office of RoC shall continue.
’Not applicable’ shall be selected only for the states and union territories where stamp duty is mandatory to be paid electronically through MCA portal and in case amount of stamp duty to be paid electronically is Zero.
In case ‘No is selected, enter the details of stamp duty paid under the relevant Stamp Act on Form 5.
Enter the total amount of stamp duty paid. In case where payment of stamp duty is not applicable, zero may be entered.
Select the mode of payment of stamp duty; and enter the name of vendor, serial number of stamps, and registration number of vendor, date and place of purchase of stamps.
Name & Registration Number of vendor shall be mandatory to enter in case amount of stamp duty is greater than or equal to Rs. 50/-.
In case maximum stamp duty payable has already been paid, enter following details in respect of already paid stamp duty- SRN or receipt number, form number, date of filing, amount of stamp duty paid.
Attachments •
Altered memorandum of association Altered articles of association Any other information can be provided as an optional attachment.
Verification Enter the serial number and date of board resolution authorising the signatory to sign and submit the eForm.
Digital Signature
The eForm should be digitally signed by managing director or director or manager or secretary of the company authorised by the board of directors and by a professional.
CAclubindia
