Can I file form 2 while form 5 of the company( for increase in authorised capital) although filed by me is yet not approved by mca. Form 5's status is assigned.
CHANDRA PRAKASH AGRAWAL (Chartered Accountant) (61 Points)
31 March 2010Can I file form 2 while form 5 of the company( for increase in authorised capital) although filed by me is yet not approved by mca. Form 5's status is assigned.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 31 March 2010
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 31 March 2010
Dear Friend
Filing of Form 2 will be made when your allotment capital is within the Authorised capital of the company. If after alotment of share cpaital your present AC excceds then there is needs to first of all increase your AC and file Form 5 with ROC after approving the For 5 relating to increasing in AC which will update the present AC of the Company. After updating the AC with MCA portal u can file Form 2 for the allotment of further shares.
Regards
Ajay
CourseCart.in
(Mentor at SHAYVIDZ Academy)
(3756 Points)
Replied 07 April 2010
| Originally posted by : C.P Agrawal | ||
 |
Can I file form 2 while form 5 of the company( for increase in authorised capital) although filed by me is yet not approved by mca. Form 5's status is assigned. |
 |
Yes u can do so. but be careful about approval of form5. if due to any reason, the form5 didn't get approved (like SR were reqd but form23 were not filed etc), then uploading form2 may become problematic..
my advise to wait for approval of form5. (in case of urgency, mostly reqd by bankers for the purpose of loan, u shud contact to the person who mostly visits to ROC. ur form will get approved in same day.) & on the same day u can upload form2 after approval of form5.
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 09 April 2010
Absolutely agreeing with Ajay Mishra, Once the Form 5 is approved, the Master date of teh company will also get automatically updated, after that only you can file form 2. With out approving the form 5, we cannot upload form 2 as the MCA website will mention it as prescrutiny errors.
Kindly correct me if I am wrong
rgds
CS Jithesh
RITU BAJAJ
(COMPANY SECRETARY)
(158 Points)
Replied 09 April 2010
I fully agree with the above members as I m also waiting for Form 5 to get approved in one of our Company bcoz thereafter only the MCA portal will accept my Form 2 as the allotment is making the paid up capital more than the existing Authorised Capital of the Company.
CAclubindia
