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Difference between sec 94(1)(a) and sec 97

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Querist : Anonymous

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Querist : Anonymous (Querist)
31 July 2012 WHILE FILING THE FORM -5 FOR ENHANCEMENT OF AUTHORIESED SHARE CAIPTAL WHICH SECTION I CAN MENTION IN THE RESOLUTION/NOTICE AND AS VERIFIED FROM SOME OF THE EARLIER WORK OF MY SENIOR, HE WAS MENTIONED BOTH WHILE FILING THE FORM-5. KINDLY GUIDE ME
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CS Ankur Srivastava

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CS Ankur Srivastava (Expert)
01 August 2012 The Company has power to increase its Authorized Share Capital under Section 94(1)(a) and under section 95 a return is to be filed to intimate the ROC about the increase.

Hope now the matter is clear.

You may quote the sections accordingly.

You may mention only section 94(1)(a) and if you want, also write section 95 as well.
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Jiten Gupta

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Jiten Gupta (Expert)
01 August 2012 Its done like according to he provision of Section 94(1)(a) read with section 97 or anyother provisions/notification applicable for the time being in force, Authorised Capital of the company be and hereby increased.

Return is filed under section 97 of companies act.
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