Can we file form -5 at back date or can we increase the authorised capital at back date?? I am putting an example for such situation pls reply... There is one pvt ltd co. ABC pvt ltd, is authorised share capital is 5 lacs as of 31.03.2013 and the company has filed its annual returns and Balance Sheets (Form 20B, 23AC and 23ACA) with the old auth.capital i.e. 5 lacs but now the directors wants to increase the authorised capital at back date like april 2013 because they had takeover one prop. ship firm(one of the director was an owner of that firm) in april 2013.
Queries 1. co. can file form-5 at back date>(apr. 2013) 2. Will it effect in future that the forms 20B,23AC ACA was filed with the old Auth. capital (AGM date is 28.09.2013) 3. If we increase the Auth. Capital after AGM then the Companies Act 2013 will be applicable then we need to update the whole MOA and AOA?
pls advice that will it affect in future filing form 5 in back date.OR we should increase capital after AGM?? with the new rules of Companies Act 2013...only??
1. Form 5 can be filed back dated but it will attract penalty apart from registration fees.
2. You are proposing to increase authorized cap in april. So you may increase authorized capital in april and subsequently file revised Form 20B with proper capital details.
3. If you are filing in April, no need to update whole MOA and AOA.
21 March 2014
If your management wants it you can proceed. Please note that, MCA website will not be functional after 25th march, so in my opinion you have to complete the formalities before that.
Regarding revised Form 20B, in my opinion it will be accepted. As new forms are going to be released soon, I am not sure whether MCA will keep old forms also along with new forms. So try to complete it before 25th march.
CAclubindia
