Form 5

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CS Seema (Querist)

04 October 2013 Dear Experts please guide me in the below mention matter

while filling up Form 5 attachment of central govt order is there . what is this attachment ? is it mandatory to attach?

For increase of authorised cap some times we pass ordinary resolution and some times special . when we need to pass special and when ordinary please explain.

Ajay Mishra

Ajay Mishra (Expert)

04 October 2013 First of all you check what your article says on it.

If you are increasing Authorised Capital by Special Resolution or also change in Article of Association it is required to file Form 23 with concerned ROC within 30 days from the date of passing such resolution.

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)].

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