Form 5

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 October 2012 in case a company is sub dividing its authoirised capital and simultaneously increasing the same, do we need to file two form 5.

first for sub division and then for increase?

kindly guide sir

Ajay Mishra

Ajay Mishra (Expert)
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26 October 2012 hi

If you are sub dividing your share capital then consequently your capital will increase and also capital clause V of MOA will be change. In this regard you will file Form-5 for updation your capital with ROC.

Thereafter you are increasing the authorised capital mentioned in clause V of MOA, again Form-5 will be required for updation of such increase.

Querist : Anonymous

Querist : Anonymous (Querist)

26 October 2012 Thanks Sir. but in that case, do we need to pass two seperate resolution in general meeting is both matters are being considered in the same meeting.

Ajay Mishra

Ajay Mishra (Expert)
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26 October 2012 Hi

As i think, both should be passed in different meeting, because the ROC will firstly issue Certificate for change of Capital Clause for sub-division. Thereafter you will alter the Capital clause, because in the same meeting you can not alter the clause unless the earlier alteration of MOA is approved by ROC.

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