Authorised share capital enhancement -procedure
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 July 2012
KINDLY GUIDE ME ABOUT THE PROCEDURE FOR ENHANCEMENT OF AUTHORISED SHARE CAPITAL AND WHAT FORMS TO BE SUBMITTED TO MCA ALONGWITH REQUIRED RESOLUTIONS. PL PROVIDE THE SPECIMENS OF RESOLUTIONS AND IS THERE ANY DIFFERENCE WHILE FILING THE SAME FOR LIMITED COMPANY AND PRIVATE LIMITED COMPANY, EX: ABC HOSPITALS LIMITED AND ABC HOSPITALS PRIVATE LIMITED.
CS Ankur Srivastava
(Expert)
01 August 2012
You need to alter Capital Clause in the Memorandum of Association of hte Company.
Only form 5 is to be filed in case of increase in Authorised Share Capital.
Only form 5 is to be filed in case of increase in Authorised Share Capital.
CS Ankur Srivastava
(Expert)
01 August 2012
The resolution shall be same in both type of Companies.
CS Ankur Srivastava
(Expert)
01 August 2012
Draft Resolution:
“RESOLVED THAT pursuant to the provisions of Section 94(1)(a) and other applicable provision(s) of the Companies Act, 1956, if any, the Authorised Share Capital of the Company be increased from Rs. 8,00,00,000/- (Eight Crores ) divided into 8000000 Equity Shares of Rs. 10/- each to Rs. 10,00,00,000/-(Ten Crores) divided into 10000000 (One Crores ) Equity Shares of Rs. 10/- each.”
“RESOLVED FURTHER THAT clause V of the Memorandum of Association of the Company be substituted as under:-
“The Share Capital of the Company is Rs.10,00,00,000/- (Rupees Ten Crores Only) divided into 1,00,00,000 (One Crores) Equity Shares of Rs. 10/-(Rupees Ten) each with power to increase or reduce the capital and to divide and subdivide the shares into several classes and to attach there to respectively such preferential, qualified or special rights, privileges or conditions, as may be determined by or in accordance with the Articles of Association of the Company for the time being and to vary, modify or abrogate any such rights, privileges or conditions in such manner as may be permitted by the Companies Act,1956, or as provided by the Articles of Association of the Company for the time being.”
“RESOLVED THAT pursuant to the provisions of Section 94(1)(a) and other applicable provision(s) of the Companies Act, 1956, if any, the Authorised Share Capital of the Company be increased from Rs. 8,00,00,000/- (Eight Crores ) divided into 8000000 Equity Shares of Rs. 10/- each to Rs. 10,00,00,000/-(Ten Crores) divided into 10000000 (One Crores ) Equity Shares of Rs. 10/- each.”
“RESOLVED FURTHER THAT clause V of the Memorandum of Association of the Company be substituted as under:-
“The Share Capital of the Company is Rs.10,00,00,000/- (Rupees Ten Crores Only) divided into 1,00,00,000 (One Crores) Equity Shares of Rs. 10/-(Rupees Ten) each with power to increase or reduce the capital and to divide and subdivide the shares into several classes and to attach there to respectively such preferential, qualified or special rights, privileges or conditions, as may be determined by or in accordance with the Articles of Association of the Company for the time being and to vary, modify or abrogate any such rights, privileges or conditions in such manner as may be permitted by the Companies Act,1956, or as provided by the Articles of Association of the Company for the time being.”
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