Form - 5

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 July 2013 Dear Sir

___What is the effective date for increase in authorised capital of the co.
The date on which Board Meeting held or
The date on which EGM held

____Secondly, Form 5 is to filled within 30 days from the date of BOard Meeitng or EGM

Ajay Mishra

Ajay Mishra (Expert)
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22 July 2013 Hi

The effective date of passing of shareholder resolution for increasing authorised capital.

Ajay Mishra

Ajay Mishra (Expert)
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22 July 2013
Any increase in the authorized share capital would come into effect immediately on passing of any valid resolution in this behalf, and filing of the requisite Forms 5, 23, being a ministerial act and procedural in nature, would not influence the date of increase of the authorized share capital. [Kobian (P) Ltd. v Kobian India (P) Ltd. and Others (2005) 64 CLA 281 (CLB)].

Subsequent cancellation of the resolution to increase the share capital or adoption of the resolution to reduce the share capital could not absolve the petitioners from their liability to file e-Form 5 notice alongwith the prescribed fee before the Registrar of Companies within 30 days of adoption of the resolution to increase the share capital. [Amison Foods Ltd. v Registrar of Companies (1999) 19 SCL 82 (Ker)].

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