Increase in authorized capital

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 July 2014 A company registered in May 13 year wants to increase authorized capital in July 14. For this MOA which has capital clause is being amended to show the innceased capital to file with ROC.

Question:

There are many clauses in MOA which makes reference to old companies Act 1956. Should those clauses also need to be changed (Sections etc) in view of new companies Act 2013 which has come into effect from April 14?

Regards,

Anil.

Ankur Garg

Ankur Garg (Expert)

17 July 2014 For Procedure for Increase in Authorise Capital under Companies Act, 2013 kindly refer my article available at the link given below:

https://www.caclubindia.com/articles/procedure-for-increase-in-authorise-capital-under-ca-2013-21069.asp

As far as re-adoption of entire MOA or AOA is concerned, I would say that is not mandatory. Refer section 5(9) for AOA. But for administrative convenience it is very much recommended to alter your AOA and MOA in accordance with Companies Act, 2013.

Thanks

Ankur Garg

Ankur Garg (Expert)

17 July 2014 You may download new set of MOA and AOA as per Companies Act, 2013, from the link given below:

https://www.caclubindia.com/forum/download-sample-moa-and-aoa-as-per-companies-act-2013-298105.asp

Hope that the same would be of some help.

Thanks

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