Form 5

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 November 2009 I have filed form 5 (for increasing authorised capital from Rs.5 lacs to Rs.10 lacs ) online along with attachments of MOA,AOA,Resolutions.and paid applicable stamp duty and ROC fee.
1.Do I need to file physical copies of MOA and AOA with ROC

2.I mentioned paid capital as Rs. 5 lacs instead of Rs.1 lac in form 5. Will form 5 be rejected on the grounds of furnishing above wrong information ( 5 lacs instead of 1 lac )

3.what Confirmation will I get when the form is approved ?

CA. B.SRINIVASULU

CA. B.SRINIVASULU (Expert)
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19 November 2009 (1) If you have filed form 5 along with e payment of duty through mca website then physical documents need not be filed. Alternatively if you have paid stamp duty at a place other than roc e payment then physical copies are necessary.

(2) If you have mentioned in Rs.5 Lakhs in form and Rs.1 Lakh in resolution and MOA and AOA then it will be rejected.

(3) If you have mentioned in form asual as in resolutions rs.5 Lakhs and also in MOA and AOA 5 Lakhs then you have to pay the differential duty.

(4) With the available SRN number you have verify the status every day the progress will be shown there and after approval the capital of the company will be increased which you can see in company master data.

Querist : Anonymous

Querist : Anonymous (Querist)

20 November 2009 (refer answere 2 above)Paid up capital has not been mentioned any where in Resolutions/MOA/AOA.
1 Whether we get an opportunity to rectify the above defect in Form 5 or it is straight away rejected ?

2.If the form is rejected,do we need to pay once again the applicable fee and stamp duty ?

3.what will be the consequences for furnishing wrong info. in Form 5 ?

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Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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25 July 2024 Let's address each of your queries regarding Form 5 for increasing authorized capital:

1. **Physical Copies of MOA and AOA**:
- Generally, when you file Form 5 online and attach the MOA (Memorandum of Association) and AOA (Articles of Association), physical copies of these documents are not required to be submitted separately to the ROC (Registrar of Companies). The online submission with attachments is usually sufficient.

2. **Error in Mentioning Paid-Up Capital**:
- If you mentioned the paid-up capital as Rs. 5 lakhs instead of Rs. 1 lakh in Form 5, it could potentially lead to complications or rejection. The correctness of information is crucial in such filings. If the discrepancy is noticed and deemed material by the ROC, they may reject the form or seek clarification.
- Whether the form will be rejected outright or if you will be given an opportunity to rectify the mistake depends on the discretion of the ROC and the severity of the error. Minor errors might sometimes be rectifiable, but significant discrepancies could lead to rejection.

3. **Confirmation of Approval**:
- Once Form 5 is processed and approved by the ROC, you typically receive a digitally signed Certificate of Registration of the Resolution. This serves as confirmation that the increase in authorized capital has been approved.

Regarding your concerns about the consequences of furnishing incorrect information:

1. **Opportunity to Rectify**: If the ROC identifies the error and considers it material, they may provide an opportunity to rectify the mistake. This could involve submitting revised documents or clarifications.

2. **Rejection and Fees**: If Form 5 is rejected due to the incorrect information, you may need to reapply. This could involve paying the applicable fee and stamp duty again. The ROC's decision on whether to refund any fees from the rejected application would depend on their policies and the circumstances of the rejection.

3. **Consequences of Wrong Information**: Furnishing incorrect information in Form 5 could have legal implications. It's essential to ensure accuracy in all details provided to avoid delays, rejections, or potential legal issues.

To resolve the current situation, it's advisable to:
- Await communication from the ROC regarding the status of your Form 5 submission.
- If there are errors or discrepancies, prepare to provide clarifications or rectifications promptly as required by the ROC.
- Contact the ROC or seek professional advice if you need further assistance in rectifying the mistake or understanding the implications.

Ensuring accuracy in filings with regulatory authorities like the ROC is crucial for compliance and avoiding legal consequences.