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.
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.
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.