Increase in authorised share capital

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

09 November 2011 Pl confirm for increasing the authorized share capital of the company ,a special resolution is required or an ordinary resolution.AOA of the company provides for that authorized share capital of the company be such amount as provided by Clause V of the MOA with power to increase ,divide ----.

Special resolution is required for Alter in AOA or is required for change in MOA also?

RG - A Helping Hand

RG - A Helping Hand (Expert)
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09 November 2011 No dear in your case passing of special resolution is not required as you do not need to amend your AOA.

Simply pass an ordinary resolution u/s 94 in GM and file form-5.

RG

Querist : Anonymous

Querist : Anonymous (Querist)

11 November 2011 Ok ,Thx for the reply.

Further pl confirm if at the same time(means at the time of increasing Authorised capital,)there is an increase in subscribed /paid up capital also what other formailites needed to be complied up with ,For eg ,Authorised share capital increase from 10L 50 100 L ,Application money then received for Rs 50 L ,but shares alloted for Rs 20 L ,what all resolutions /forms need to be filled up .

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RG - A Helping Hand

RG - A Helping Hand (Expert)
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14 November 2011 First increase your AC.

After that hold a board meeting and pass board resolution for allotment of shares. After that file form 2 to ROC for allotment of shares.

Querist : Anonymous

Querist : Anonymous (Querist)

16 November 2011 As with the decision of The Hon'ble High
Court of Delhi in the matter of S E Investments Limited Vs Union of India and
Others [W.P. (c) 2393/2010 and CM Appl.4794/2011] that there is no provision in the Delhi Stamp Act for payment of stamp
duty on "increased authorised capital",in option no 11(b) of form 5 ,which option is to be selected ,if we select yes or not applicable ,still it shows amount of stamp duty & in case we select no ,at the time of uploading of form 5 at mca site it generate challan with amount to be paid ?

Querist : Anonymous

Querist : Anonymous (Querist)

17 November 2011 At the time of filling form 5 it is showing as :

Service Type Descripttion Type of Fee Rs.

Form Filing of Form5 Normal 00.00

MoA Normal 55,000.00

Total 55,000.00

So ,what it mean ,like for form 5 although it is showing fee as Zero but it is showing Rs. 55000 against capital increase of Rs. 1.10 Crores ,what is the basis of these calculations & where is the implementation of High court order as against above .