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Name availability and change in authorised capital

Gopika (Asst Manager-Compliance) (223 Points)

04 June 2011

We have applied for name availability with a proposed authorised capital of 2 crore and got approval. Now it is decided to increase the authorised capital to 5 crores.Can we file the incorporation documents with 5 crores or is it necessary that we have to go ahead with the proposed capital mentioned in the application for name availability? Please help me.

Thanks in advance

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7 Replies

valji (Accounts manager-MBA) (2150 Points)
Replied 04 June 2011

you have to file form 5 with roc for this purpose it is not require to submit incorporaion certificate

the link are as follows

https://mca.gov.in/MCA21/Download_eForm_choose.html

it is also required to pay stamp duty on the incraese Amt of sahre capital

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Aswathy (CS) (175 Points)
Replied 04 June 2011

Yes u can file inco forms with Authorised capital 5 crore. U should not decrease from what is given in F1A. but can increase.

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CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 04 June 2011

AGREE WITH ABOVE REPLY

Rajnikant Vadigoppula (CA, CS And CMA Final) (919 Points)
Replied 04 June 2011

I agree with Valji

u need to pass special resolution in general meeting for increase in authorised capital.

submit e-form.23 within 30 days for passing resolution.

submit e-form 5 for increase of authorised capital.

Aswathy (CS) (175 Points)
Replied 06 June 2011

hey.. but the company is not yeat incorporated.. then what GM? u can file the incorporation documents with increased AC.

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CS Shivi Reddy (COMPANY SECRETARY) (175 Points)
Replied 06 June 2011

dear all,

since the comapny is nt yet incorporated so matter of calling meetings does not come...

in my opinion u can resubmit the form with d revised capital of 5 crores and go ahead with the incoporation process..once the revised form gets approved.

Regards,

Shivi

Gopika (Asst Manager-Compliance) (223 Points)
Replied 07 June 2011

Regarding the above issue, we took an opinion from the concerned ROC. It is advised to go ahead with the authorized capital mentioned in Form 1A as all the forms are filed online and the system may not accept any change from what is mentioned earlier. For your information please.

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