Now 5 returns to be filed for allotment of shares!

Co Act 2013 1870 views 5 replies

Now even if a private company issues shares to someone on private placement basis, it has to file 5 returns with ROC as under:

1. MGT.14 with special resolution u/s 42/62
2. MGT.14 Board resolution for issue of shares
3. Copy of letter of offer within 30 days of circulation
4. MG.14 with Board resolution for allotment
5. PAS.3 - return of allotment with copy of CA certificate for valuation

Replies (5)

Agree sir...the new act has resulted in increased cost of filing to the company...

Sir, If the resolution for allotment of shares passed in BM dated 26th March, 2014, then I have to file only return of allotment in new form? m i right or wrong sir??

Sir, I would like to know if the directors loan is converted into equity shares , we have to follow the above procedure ?

The Members of the company are acting as Directors, so I have to file a special resolution?

1) One small correction please - MGT.14 is not required for allotment of shares.  Hence only 4 returns are required to be filed.

 

2) Fresh equity can be issued either u/s 62(1)(a) on rights basis or u/s 62(1)(c) on private placement basis.  If you follow rights issue route, only 2 returns are required to be filed and it is a simpler  one.  If you follow private placement route, 4 returns are required to be followed and you have to open separate bank account for the same.

 

Hence you can refund loan  amount to director and accept fresh share application money from him under any  of the above two routes.

 

A Private limited company wants to allot shares to its existing shareholders who are the directors and who are the promoters. The paid up share capital after allotment is also within the authorised capital limits.

What are the forms to be filed ?

 


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