Allotment of shares

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samita

samita (Querist)

18 February 2012 Hiii,

I want to know for fresh allotment of shares in a limited company EGM is must or not.

Guest

Guest (Expert)

18 February 2012 You have to pass resolution u/s 81 for issuing further shares (preferential allotment) on right basis OR u/s 81 (1A) for issuing shares to other than existing shareholders.

In case you pass SR u/s 81 (1A) EGM will be held and form 23 shall be filed with ROC.

Ajay Mishra

Ajay Mishra (Expert)

19 February 2012 Hi

Agree with Ms. Neha, but in case of Private Limited company you can allot shares by Board Meeting in place of general meeting.

samita

samita (Querist)

20 February 2012 Thanks but the allotment is to existing shareholders.even then form 23 and form 2 will be filled..& 81(1)A will be applicable.

Ajay Mishra

Ajay Mishra (Expert)

20 February 2012 Hi

In case of public company, if they are made preferential allotment under section 81 (1A) of the Companies Act, 1956, then it will file Form-23 with ROC within 30 days from the date of passing of shareholders resolution.

Form-2 will be filed with in 30 days from the date of allotment of Board Resolution and not from shareholders resolution.

Regards

samita

samita (Querist)

23 February 2012 Thankss Sir..

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