RESOLUTION TO INCREASE AUTHORISED CAPITAL

Page no : 2

Priyanka (CS) (141 Points)
Replied 23 January 2009

Originally posted by :bharti
" Dear Friends !!!!!!
i WANT FULL PROVISIONS TO INCREASE ACS OF THE COMPANY.
EARLIER IT WAS ONE LAC AND NOW to be INCREASED TO ONE CRORE.
PLEASE GIVE ME ALL THE FORMALITIES NEEDED step wise.
I WILL BE GRATEFUL TO YOU ALL
Regards
Bharti
"


 

1. Convene a BM, where increase in the Auth has to be passed.

2. Pass an ordinary / Special resolution at the AGM for approving the same

3. File form 23 within 30 days.

4. File form 5 within 30days.

5. Pay requiste fees for increase in the auth as per Schedule X

6. Make necessary changes in the MOA & AOA...

7. Pls note if it is a listed co... make necessary disclosures to the Stock Exchange.

 

Priyanka Agrawal


Priyanka (CS) (141 Points)
Replied 23 January 2009

Originally posted by :bharti
" Dear Friends !!!!!!
i WANT FULL PROVISIONS TO INCREASE ACS OF THE COMPANY.
EARLIER IT WAS ONE LAC AND NOW to be INCREASED TO ONE CRORE.
PLEASE GIVE ME ALL THE FORMALITIES NEEDED step wise.
I WILL BE GRATEFUL TO YOU ALL
Regards
Bharti
"

1. Convene BM and get it approved

2. Pass ordinary/ Special resolution at the AGM

3. File Form 23 within 30 days

File 5 within 30 days

Pay requisite fees as per Schedule X . u can calculate thru MCA site also

MAke necessary changes n then issue.

 

Priyanka Agrawal
 


Vivek Tibrewal-Kolkata (Asst. Manager - Taxation)   (65 Points)
Replied 30 May 2009

1. Please provide suitable Explanatory Statement for Increasing the Authorised Capital for a Pvt. Ltd. Company.

2. Is it necessary to Alter the Articles of Association if it is mentiond in the AOA - "The Authorised Share Capital of the Company shall be such amount and be divided into such shares as may from time to time be provided under clause No  V of the Memorandum of Association of the Company"


Gargi Ranade (CS) (619 Points)
Replied 30 May 2009

Hi Vivek !

If articles mentioned that  Capital will be as per MOA you need to just pass ordinary resolution through EGM and just amend MOA Clause V in such case you need not require to amend articles .

Format of explanatory statement

 
     EXPLANATORY STATEMENT
 
 
Item No. 1
 
As required by Section 173(2) of the Companies Act, 1956, the following Explanatory Statement sets out material facts relating to the business under Item No. 1 of the accompanying Notice.
 
Consequent to the(or reason due to which u are increasing capital ) Joint  Venture Agreement entered between  name of your co.and other co.  the authorised share capital of the Company is proposed to be increased.
 
Accordingly, the authorised capital of the Company is proposed to be increased from existing Rs. 10,00,000/- to Rs. 101,000,000/-
 
The Directors recommend the resolutions at Item Nos. 1 for approval of the Shareholders.
 
None of the directors of the Company are in anyway interested or concerned in the above resolution.
 
                                                                     For  name of Co.
 
 
                                                                          Director
 
Date
 
Place 
  

                                                               


ACS_RR (Service) (58 Points)
Replied 05 June 2009

The procedure mentioned by Ms. Priyanka is correct. Further Form 5 is also required to be stamped with the value as mentioned in the Bombay Stamp Act. The phyiscal copy of the Form 5 is also required to be submitted in the ROC office and the acknowledged copy is also required to be up-loaded with Form 67.


Raakhi (auditing) (26 Points)
Replied 05 March 2010

Can a Company increase its Authorised Share Capital by passing a resolution by circulation ??? which decisions can be taken by passing resolution by circulation...


Ankur Garg (Company Secretary and Compliance Officer)   (114773 Points)
Replied 06 March 2010

 

Originally posted by : Raakhi

Can a Company increase its Authorised Share Capital by passing a resolution by circulation ??? which decisions can be taken by passing resolution by circulation...

For increase in AC you have to pass ordinary resolution of shareholders. Yes you can pass the same by postal ballot u/s 192A.

 

Resolution by circulation is governed by section 289 and is the subject matter of board meeting. Kindly visit the link below:

 

PASSING OF RESOLUTION BY CIRCULATION U/S 289 OF THE CO. ACT, 1956       


Ram Kumar (CA-Final student) (29 Points)
Replied 10 August 2010

can anyone telle how many days notice is required for an EGM? and what resolution should be passed for increasing share capital?


vivek (CS) (751 Points)
Replied 10 August 2010

Ordinary resolution required, 21 Clear days notice.


Pankaj Manikraj Pandey (C A FINAL STUDENT) (29 Points)
Replied 03 January 2012

can any one provide me board resolution format for division of authorised  equity share capital into preference and equity share capital 



Swagatam Khandelwal (Company Secretary) (107 Points)
Replied 04 January 2012

Procedure for increase in Authorised Capital:

1. Hold a Board Meeting for proposing change in authorised capital & convening Extra Ordinary general Meeting

2. Prepare Notice & Explanatory Statement for convening Extra Ordinary general Meeting

3. Hold Extra Ordinary General Meeting

4. File Form 5

5. The fees for increase in authorised capital can be checked at https://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=15


sriram (CA Final) (203 Points)
Replied 21 January 2012

To increase the uthorised capital, extra ordinary meeting should be conducted and minutes of the meeting should specify the need of increase in authorised capital and it shall make the proper amendment in appropriate clause of moa and aoa of the company.

The notice and resolution (Extra ordinary meeting) and amended moa copy shall be filed with roc in form 5 with in 30 days of the resolution date.

The Extra ordinary meeting resolution is as follows,

Extracts of the minutes of the Extra ordinary general meeting of the board at the registered office of the company on ________ at ________

INCREASE IN AUTHORISED CAPITAL :

Resolved that,

The board on having known the need to increase its capital base for Its various business requirements , the board hereby decides to increase the authorised Capital of the company  and director Mr.___________ of the company is hereby authorised to sign and file relevant forms as may be required for the said increase with Roc.

Resolved further that,

Consequent to the increase, Clause ____ of the moa is hereby altered as follows,

for the existing words,

(Whatever is there in moa shall be copied here with the revised structure of equity and preference share capital)

Explanatory statement : _______________________________________________(mention need to increase)

for __________________________ Private Limited

 

Managing director /  Director


sriram (CA Final) (203 Points)
Replied 21 January 2012

To increase the uthorised capital, extra ordinary meeting should be conducted and minutes of the meeting should specify the need of increase in authorised capital and it shall make the proper amendment in appropriate clause of moa and aoa of the company.

The notice and resolution (Extra ordinary meeting) and amended moa copy shall be filed with roc in form 5 with in 30 days of the resolution date.

The Extra ordinary meeting resolution is as follows,

Extracts of the minutes of the Extra ordinary general meeting of the board at the registered office of the company on ________ at ________

INCREASE IN AUTHORISED CAPITAL :

Resolved that,

The board on having known the need to increase its capital base for Its various business requirements , the board hereby decides to increase the authorised Capital of the company  and director Mr.___________ of the company is hereby authorised to sign and file relevant forms as may be required for the said increase with Roc.

Resolved further that,

Consequent to the increase, Clause ____ of the moa is hereby altered as follows,

for the existing words,

(Whatever is there in moa shall be copied here with the revised structure of equity and preference share capital)

Explanatory statement : _______________________________________________(mention need to increase)

for __________________________ Private Limited

 

Managing director /  Director


govind (ca) (16 Points)
Replied 19 August 2017

i have a query

i have made a nidhi company with authorised capital 500000.00

as we know that requirement of upto 1000000 within one year.

now i want to increase my capital.

please suggest me containts in egm Board meeting & Notice 

and also documents for adding members in the company




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