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Increased in authorised capital

Deepak Kulwal (CA ARTICLE) (24 Points)

22 March 2013

Can i submit the form no. 5 (Increased of Authorised Capital ) withoth submission of the previous year annual return form.

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VIKAS.A (SOMETHING IS BETTER THAN NOTHING) (1095 Points)
Replied 22 March 2013

yes, i think for filing form5 increase in auth capital, no mandatory attachments is required

but date of passing resolution is required for which we have to file form 23,

in which notice of E.G.M. and explanatory statement regarding to it (inc in auth capital)is to be attatched in it.

correct me if i am wrong,

thank u.

Sneha (Company Secretary) (1594 Points)
Replied 22 March 2013

Form 23 is required if Clause V of Memorandum of Association needs to be changed due to such inc in authorized capital.

Hold a meeting to call EGM. Pass the reqd resolution as special resolution for such increase in authorized cap. After resolution is passed file Form 23 (if reqd). Attachments for Form 23 will be EGM resolution, Notice with explanatory statement and altered MOA.

After approval of Form 23 file Form 5. Mention the SRN of Form 23 (if filed) in the Form 5 and attach the MOA in Form 5.

Revert back for further query.