Form 2 & form 5

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DARSHAN KAUR (Querist)

10 August 2012 Dear Experts
Kindly reply to the following query:-

A company had allotted 252500 equity shares on 05/10/2011 and filed Form 2 in this regard on 07/04/2012. After this, authorised capital was increased by the company w.e.f. 10/03/2012 and Form 5 was filed on 09/04/2012 in which the effect of increased paid up capital was not shown by mistake. Due to this, the master data is showing old paid up capital.

Company had also allotted 1788444 equity shares on 03/10/2011 but forgot to file Form 2 in this regard.

Now what should be done in this case as by filing fresh Form 2 dated 03/10/2011 will result in defect/error in form 2 & form 5 already filed with MCA.

Thanks & Regards
Darshan Kaur

CS Taher

CS Taher (Expert)

10 August 2012 yes you can file fresh form 2 with rectification and a application attached detailing the mistake to ROC concerned.

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DARSHAN KAUR

DARSHAN KAUR (Querist)

10 August 2012 Thanks for the reply Mr. Taher

If i file fresh Form 2 from back date than the form 2 & form 5 already filed will become wrong and there is no provision to file revised Form 2 & Form 5.

CS Taher

CS Taher (Expert)

10 August 2012 If the paid up capital is within Authorised cap thn u can goahead file form 2. otherwise while filing annual return u can rectify the mistake..

DARSHAN KAUR

DARSHAN KAUR (Querist)

10 August 2012 Sir

What about the insertion of wrong paid up capital in form 5? Will the form b treated as wrong? How can we get it rectified than? Or should we leave it as it is?

CS Taher

CS Taher (Expert)

10 August 2012 The form 5 will be treated as wrong as u have enterd wrong Paid up capital.
Leave the form 5 as it is, file rectified form 2 along with the application.

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