I need clarification regarding allotment of shares. Pl confirm the following procedures are correct approach to allot the shares in a private Co:

Allotment through Private Placement :

1. Prepare draft EGM notice for passing special resolution for the proposed offer.

2. Pass Board resolution for convening EGM and approving draft notice of EGM.

3. Hold EGM and Pass special resolution reg offer.

4. File Form MGT.14 with ROC with copy of special resolution within 30 days of EGM.

5. Prepare draft letter of offer in Form PAS.4 to be issued with application Form.

6. Pass Board resolution for:
(a) approval of letter of offer;
(b) opening of separate bank a/c for getting application money

7. Issue letter of offer and maintain record in Form PAS.5

8. File PAS-5 along with Private Placement offer letter of offer with ROC within 30 days of circulation

9. Get share application money.

10. Pass Board resolution (only in Board meeting) for allotment.

11. File Form MGT.14 with ROC with copy of Board resolution

12. File return of allotment in Form PAS.3 within 30 days from the date of allotment.

Allotment through Right issue :

1.Prepare draft offer letter with application form

2. Pass Board resolution for issue of rights shares and approval of letter of offer

3. File Form MGT.14 with letter of offer

4. Issue letter of offer to existing shareholders & offer shares in proportion to their shareholding

5. If existing shareholders do not accept the offer (or renounce their right in favour of non-members), the Board can allot shares to non-members u/s 62(1) (a)(iii).

6. File return of allotment with ROC and make entry in register of members.

Considering the urgency of query, would highly appreciate an early response to this.

Thanks in advance.

Dear friends,

Do the Private Limited company need to adopt new AOA, under new Companies Act, 2013, if the articles are not consistent with the present AOA Table format?

If so, is there any procedure?

Please clarify. Its urgent.

Thanks in advance.

Regards,
Soumya

Dear Expert,

Please advise, whehter wholding company can finance its subsidiary company by virute of its agreement drafted prior to notification of sec 186 of comapnaies act 2013 in the form of inter corporate loan/a dvance ?
or is there any other means of financing the subsidiary other than share application money?

I want to file my MCA E-return form 23AC and Form 20B now but the Form 20B is still as per Companies Act, 1956. Should I file Form 20B as per companies act, 1956 or wait for any kind of update in the form?

hi all. I have a company and I have a .com website for the same but one of my competitor bought .in website.if I took a trademark for my business name. will that person still able to use that website for same kind of business.

SIR,
I am finalising Balance sheet of Pvt ltd for 31-03-2014. i want to know which provisions should apply whether Co act,1956 or 2013. As for Depreciation etc..
pvov v for Co ACt13 when to be applied ?

Jayesh shah

are degree holders disqualified from being appointed as pune

can somebody help me with the list of sections/ provisions which were not applicable to private companies before in the old companies act but is applicable in the new company law. eg:- sec 293 was nt applicable to pvt comapny before but nw applicable under section 180.. please help me with a summarized details...

Dear All,

Can you help me with the latest company formation procedures as per the company act 2013.

Regards
Sachin

I have submitted the all three forms for incorporation but received big mail for amendment as below.
2.INC-8 is not stamped 6. in MOA sl. NO must be in numbercials, it must be as per Table "A" in MOA//aOA phtos not enclosed , AOA must be according to table "F" the word "to be filled in hand written
WITNESS, PHOTOS NOT SCANNED. ALL DECLARATIONS TO BE MADE ON STAMP PAPERS. MOA AND AOA ARE NOT AS PER TABLE 'A' AND 'F', SUBSCRIBERS' SHEETS TO BE DULY VERIFIED. AOA TO CONTAIN DEFINITION OF PRIVATE COMPANY, AUTHORISED CAPITAL AND DIRECTOR'S NAMES
Rule 16(1) (a) not complied with (photo on MOA &AOA ii)Witness may comply with Rule 13(1) of Companies incorporation rules,.2014. INC-8 not on a stamp paper. INC-10 seal of the notory is not clear. All the scanned copies to be self attested. IN AOA the definition of the private limited clause not furnished. Intial capital of the com. is not reflected. The first directors of the com. not mentioned. The articles relating to one person com. may be deleted. In the winding up clause the word Chapter XX may be deleted. MOA not filed. The promoters to rectify the same in one go since only one RSUB chance is allowed now

please suggest me how to proceed with the same

Regards