Please help me on following issue:
Whether Form 5 is to be filed with ROC only for increase in Authorized share capital or is it required to be filed for increase in paid-up capital, within the limit of authorized capital also?
3 Replies
umaa's legal clinic
(simple solutions for complex legal issues)
(165 Points)
Replied 15 June 2013
Dear Saurabh,
efirm 5 is filed for notice of change in share capital with the ROC i.e. consolidation, sub division, conversion, re-conversionredemption of pref. shares, cancellation of shares otherwise than in connection with a reduction of share capital under sec. 100 to 104. On issue of fresh shares within the limit of authorised capital or issue of outstanding shares does not require to file eform 5.
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 16 June 2013
For issue of further shares you have to file Form 2 and not Form 5.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 18 June 2013
For change in Authorised Share Capital form 5 need to be filed.
For increase in paid up capital by way of allotment of shares form 2 need to be filed.
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