Anshuman Mozumdar (Student) (33 Points)
20 September 2012Dear all,
I have been told time and again that a return of allotment is not required to be filed in e-form 2 in respect of the first allotment of shares made by a newly incorporated private company.
However, section 75 does not make any exception for first allotments. Can someone please tell me the source of this exception?
Thanks and Regards,
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 21 September 2012
In respect to the issue of shares to the subscribers of Memorandum, no return of allotment is to be filed. As it is considered to be Deemed Allotment.
The date of allotment shall be the date of incorporation of the Company and the date of issuance of share may be the date of first board meeting of the company wherein the share certificate have been issued to the subscribers of memorandum.
Anshuman Mozumdar
(Student)
(33 Points)
Replied 21 September 2012
Thanks Ankur,
However, does that mean that in the first board meeting, the board need not pass a resolution for issuing and alloting shares to the subscribers?
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 22 September 2012
No in such case even resolution is not required. However, it is to note that certificates have been issued to them and details of certificates may be noted as well.
CAclubindia
