Rashmi (CS) (90 Points)
02 February 2011Hello,
My Query is regarding capital structure details to be filled in Form20B.
If company held its AGM on 30.09.10 and till then the Subscribed/issued/paid-up capital was same.
Now in a consecutive meeting Of Board (i.e. after AGM) the paidup capital is increased and Form 2 is filed with the ROC.
The master data contain the latest figure. So what amount must be filled in the annual return?
As at the date of AGM or the latest updated?
Kindly give suggestions.
Thanks
-Rashmi
nidhigoel89
(Company Secretary )
(594 Points)
Replied 02 February 2011
Hello!
Annual return contains the data from the date of previous AGM to the current AGm. So irrespective of the BM held after AGM u should fill the capital which was available at the time of current AGM.
Regards
Nidhi
Jaideep
(Service)
(1368 Points)
Replied 02 February 2011
Hi Rashmi,
As per provisions of the Companies Act, company need to file annual return as on date date of its annual general meeting.
You need to fill all details as on that date, including, Directors, amount of secured loan etc.
Regards
Jaideep Pandya
cs ashwini kumar
(Company Secretary in Practice)
(173 Points)
Replied 02 February 2011
Hi,
The provisions of the companies Act is as under:
Section -159. Annual return to be made by company having a share capital. (1) Every company having a share capital shall, within [1][sixty] days from the day on which each of the annual general meetings referred to in section 166 is held, prepare and file with the Registrar a return containing the particulars specified in Part I of Schedule V, as they stood on that day, regarding
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(a) |
its registered office, |
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(b) |
the register of its members, |
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(c) |
the register of its debenture holders, |
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(d) |
its shares and debentures,
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(e) |
its indebtedness, |
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(f) |
its members and debenture holders, past and present, and |
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(g) |
its directors, managing directors, [2][* * *] [3][managers and secretaries], past and present: Providede --- --- - - - - - - Accordingly, the details should be given upto the date of the AGM and NOTupto the time of AGM
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Rashmi
(CS)
(90 Points)
Replied 02 February 2011
Thanks Nidhi, Jaideep, Ashwini
That was of great help. Have a nice day.
Aditya20
(na)
(113 Points)
Replied 03 February 2011
AGREED BUT FOR INCREASE IN AUTHORISED CAPITAL FORM 5 IS FILED AND NOT FORM 2
Jaideep
(Service)
(1368 Points)
Replied 03 February 2011
Aditya..... in query discussion is on paid up capital only...also form 2 is correctly stated,
where is the mismatch...?
CAclubindia
