Company law
This query is : Resolved
CS Dharmesh Patel
(Querist)
09 February 2012
Hello Sir,as per the provision of c. law authorised share capital can be increase via ordinary or special resolution.. i want to know the reason..? in which circumstances these resolutions used..?
Ajay Mishra
(Expert)
10 February 2012
Hi
The Capital clause of MOA can be altered by Ordinary resolution but the Share Capital Clause of AOA can be altered by Special Resolution, because the AOA should be altered in accordance with the provision of section 31 of the Companies Act, 1956.
So when you altered AOA, it is mandatory to pass special resolution.
Regards
CS Ajay Mishra
The Capital clause of MOA can be altered by Ordinary resolution but the Share Capital Clause of AOA can be altered by Special Resolution, because the AOA should be altered in accordance with the provision of section 31 of the Companies Act, 1956.
So when you altered AOA, it is mandatory to pass special resolution.
Regards
CS Ajay Mishra
CS Dharmesh Patel
(Querist)
10 February 2012
Thanks a lot sir..
CS Dharmesh Patel
(Querist)
10 February 2012
Sir can u provide me an MoA & AoA of Sec. 25 in word format..?
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