how to increase the share capital of Pvt Ltd Company

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shital (Querist)
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27 May 2010 Dear All,
please suggest me good solution for this:
Authorised Share Capital of the Company is Rs. 500000 ( 50000 Equity shares of Rs. 10/- each)
ABC Pvt Limited shareholding pattern:
Mr. A: 500
Mr. B: 500
M/s PQR Private Limited: 4500
M/s ST Private Limited:4500

we want to increase the share capital of the company upto ____ shares so that PQR Pvt Ltd shareholding remains 5% 0r below but other shareholders shareholding increases correspondingly.

please suggest one good method.
wht if i undergo throuh 81(1A) method?

waiting for your expert opinions.....

regards,

Shital

Vignesh

Vignesh (Expert)
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27 May 2010 1. Sec. 81(1A) does not apply to Private
Company (ABC Pvt Ltd).

2. You may refer ABC Pvt Ltd Articles of Assocition for guidance.

3. Can straight away allot shares to Mr.A, Mr.B, ST Pvt Ltd and PQR Ltd. keeping the percentages in mind.(board rsl)

4. File the eform 2.

Regards,
Vignesh J

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Vignesh

Vignesh (Expert)
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shital

shital (Querist)
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27 May 2010 thank you, Vignesh

can you provide the resolution please. also under what provisions of Companies Act we can further issue shares discriminatory.

i am not clear on the matter. please explain me in depth Vignesh

thanking you,

Shital

Vignesh

Vignesh (Expert)
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28 May 2010 BM Rsl for allotment:

To Consider Allotment of 1000 equity Shares

RESOLVED THAT Equity shares of the Company be allotted to the following persons,(which will rank pari passu with the existing equity shares)

-----------------------------------------------------------
Name of Allottee No of Shares Distinctive Nos
-----------------------------------------------------------

1. Mrs S 500 xxx - xxx

2. Ms D 200 xxx - xxx

1. Mrs R 200 xxx - xxx

2. PVR Ltd. 100 xxx - xxx
-----------------------------------------------------------

Resolved further that, the share certificate in respect of shares allotted as aforesaid be issued to the said persons under the common seal of the company.

Resolved further to file necessary return of Allotment in respect there of with the Registrar of Companies, Coimbatore.

---

Any Act or Law in general if it does mention something to be done it should be done in that way. If it doesnt mention something or act, we are free to do it unless it is not restricted under act.

put in simple - Indian Law is based on the principle of - Dont hurt thy neighbour. (My personal - We humans should actually Love our neighbours. But as an Act or Law cannot force us to Love it says aleast dont hurt neighbour. Neighbour in the sense the society at large)

So unless any of the acts is not voilated anything can be done.

In this case Private COmpanies allotment is not regualted as Sec 81(1A) is not applicable. So it means they i.e. pvt companies are given the freedom the make alootment of their will but adhering to the Articles of Association. If article also doesnt say anything then we are free to do it.

Regards,

Vignesh J

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shital

shital (Querist)
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28 May 2010 thankx a lot Vignesh...