Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

Increase in authorised share capital

CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)

28 January 2014

Dear Members

Please provide me the format of all resolutions as per new companies act 2013 reqiured for increasing authorised share capital of private limited company.

Actually i had filed form 23 & form 5 with attachment of resolutions passed as per companies act 1956 & the same form are rejected by MCA.

Now my query is that whether fees paid for increaseing authorised share in Form 5 (Rs.52000/-) will also be returned or not, please clarify, or i need to pay Rs.52000/- again.

Thanks & Regards

Reply
Follow
Share

7 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 29 January 2014

Sections 94 (dealing with increase in share capital) and 192 (dealing with filing of resolutions) of Companies Act 1956 are still in force and corresponding sections of Companies Act 2013 are yet to be notified. Hence it is not clear why the forms were rejected. Pl give exact reasons for rejection of the forms.

Upgrade to CAclubindia Pro. Subscribe Now!

CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)
Replied 01 February 2014

Originally posted by : P C Agrawal

Dear Mr P C Agarwal,

Pls find the reply from MCA

"This is to inform you that in term of the provisions under Regulation 17 of the Companies Regulations, 1956, the above-cited Form23 dated 20-01-2014 filed by Codemancers Technologies Private Limited vide SRN B94125275 has been examined and marked as Invalid and Not been taken on record with the following remarks-
ratify the resln as per sec 102 of CA 2013"

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 01 February 2014

Section 102 of CA 2013 deals with explanatory statement to be annexed to the notice (corresponding to Sec.173 of CA 1956). As per Sec.102 of CA 2013 (which has come into force), a little bit more disclosure is required to be given which was not required u/s 173 of CA 1956, e.g. interest of KMPs & relatives of directors & KMPs, any other information to enable the members to take decision thereon etc. Hence you have to include additional disclosure in the explanatory statement.

Thanks

1 Like

Narender Kumar (CS) (22 Points)
Replied 02 May 2014

Hello Friends

Any one can provide me the Format of Ordinary Board resolution to Increase authorise share capital of Pvt Ltd Company as per companies act, 2013 with explanatory statements.

Please reply.

CS NATASHA GOYAL (CS) (28 Points)
Replied 26 May 2014

Hello Friends

Any one can provide me the Format of Ordinary Board resolution to Increase authorise share capital of Pvt Ltd Company as per companies act, 2013 with explanatory statements. Please reply or send e-mail at natasha.muskan @ gmail.com.

Regards

CS Natasha Goyal