Form 2

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Querist : Anonymous

Querist : Anonymous (Querist)

01 May 2013 Dear Experts, is it compulsory for private company to file form 2 for allotment of shares? There is no allotment other than what mentioned in Memorandum of Association.

please help.
Thank you all.

Anil Sankar V

Anil Sankar V (Expert)
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01 May 2013 NO need to file form 2,if there is any allotment other than MOA.

Anil Sankar V

Anil Sankar V (Expert)
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01 May 2013 NO need to file form 2,if there is any allotment other than MOA.

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Anil Sankar V

Anil Sankar V (Expert)
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01 May 2013 NO need to file form 2,if there is any allotment other than MOA.

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Querist : Anonymous

Querist : Anonymous (Querist)

01 May 2013 Thanks a lot sir!! What will be the case if there is a public company??

Querist : Anonymous

Querist : Anonymous (Querist)

01 May 2013 Thanks a lot sir!! What will be the case if there is a public company??

Ajay Mishra

Ajay Mishra (Expert)
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02 May 2013 Hi

It is an subscriber of the company and it is hepend before the registration of the company. The MOA & AOA is signed by subscriber of the proposed company, so it is not treated as allotment.

Form-2 is required to be filed when allotment of shares has been made after incorporation of company.

It apply on both whether, it is public limited or private limited company or government company.

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Anil Sankar V

Anil Sankar V (Expert)
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02 May 2013 Sir Mishra, thats what i meant to say.

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Querist : Anonymous

Querist : Anonymous (Querist)

02 May 2013 Thank you sir.

Should one file Form 2 if 4 directors transfers shares to one another but there is no fresh allotment??

& if suppose 2 directors resigned & their shares are transfered to remaining directors, in this case wheather it is necessary to file form 2?

Ajay Mishra

Ajay Mishra (Expert)
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03 May 2013 Hi

Transfer of director shares is depend on directer consent not on the company. If a director resigned from the company, it does not mean that he has transferred his shares, he can keep shares with himself.

In both the above cases, no need to File Form-2. Please read carefully Section 75 of the Companies Act, 1956.

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Querist : Anonymous

Querist : Anonymous (Querist)

03 May 2013 Thanks a lot sir...

Ajay Mishra

Ajay Mishra (Expert)
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03 May 2013 My Pleasure...............

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