Share Application Menies

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Querist : Anonymous

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Querist : Anonymous (Querist)
07 November 2009 Dear All,

We have one Pvt Ltd comp with paid up capital of 30crores. We have receieved Rs 1 crore as Share Application money.
In our B/S as on 31.03.09 we have shown the Share Application money lying in the company in liablity side.

Now I would like to enquire in the Act there is any restriction for share application money. The money has to be refunded apart from that is there is any restrictions as per law with regard to this.

Kindly clarify my query ?

Regards


07 November 2009 There is no restriction in law about sealing of share application money.

07 November 2009 Hi,

As is evident that the Company has accepted the Share Application Money you may do one simple thing. You may record the above transaction i.e. receipt of share application money and assurance given to proposed allottee in the board meeting minutes.

In other words simple noting of such receipt in the board minutes would be enough. No need to take any kind of approval from any concerned authorities.

Regarding time limit to convert such share application money into capital the law is silent. However as per practice allot share with 6 months of the receipt of application money.

Best Regards


Further collect the share application form from the proposed allottee for your record. You may download the sample share application from the link mentioned below:

https://www.caclubindia.com/share_files/files_display.asp?files_id=11908

Regards


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Querist : Anonymous

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Querist : Anonymous (Querist)
07 November 2009
Thank you very much for clarifying my query.

rgds
CS Jithesh

07 November 2009 Keep sharing ur quaries.

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Querist : Anonymous

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Querist : Anonymous (Querist)
07 November 2009 I have a query regarding refund of the above mentioned share application money.

i just want to ensure that
As per Companies Act there is no provision for time limit of share application money refund?

Pls clarify sir.

Rgds
CS Jithesh

08 November 2009 But if the applicant is a non resident there are time limit for allotment as well as refund of application money as per FEMA.

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09 November 2009 Simultaneously one has to consider Income Tax Act also.





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