1. Hold the First BM on 15.03.2010 to transact the following business:
- consider the proposal to alter the MOA of the Company so as to increase the Authorised Capital of the Company,
- fix the day, date, time and venue of the EGM for obtaining the consent of the members to increase the Authorised Capital and approve the draft notice convening EGM at a Shorter notice subjet to the consent of the members holding not less than 95% of the paid up capital which carries a right to vote at the meeting.
2. Obtain the consent of the members in Form 22A to convene EGM at a shorter notice.
3. Hold the EGM and pass the Ordinary Resolution(Special Resolution if the Articles so require).
4. File Form 5 within 30 days from the date of EGM,
5. File Form 23(in case Special Resolution is passed) within 30 days from the date of EGM.
Increase in Authorised Capital shall be effective from the date of EGM, where the resolution to this effect has been passed and not from the date when the form is approved by ROC.
04 January 2011
a co incorporated on 15th march, and director want to file form 5 within 31 march , is it possible ? what is the procedure ? it is only 15 days between incorporation and egm(31 march). what is the procedure of short notice and related formalities for MCA?
04 January 2011
co incorporated on 15th march, and director want to file form 5 within 31 march , is it possible ? what is the procedure ? it is only 15 days between incorporation and egm(31 march). what is the procedure of short notice and related formalities for MCA?
04 January 2011
Procedure for increase in authorised capital of the company
1. Convene a Board Meeting after issuing notices to the directors of the company to decide about the increase and to fix the date, time, place and agenda for convening a General Meeting at shorter notice. 2. To pass an Ordinary Resolution (Special Resolution if so required by articles) for the same. 3. Download Form -5 from www.mca.gov.in 4. Fill the details required such form except signature of the concerned person. 5. Opt the option to pay stamp duty electronically along with ROC fee on Form-5 with concerned ROC. 6. Please attached altered MOA and AOA with the Form-5 filed with concerned ROC . 7. File physically MOA along with stamped form-5 with concerned ROC (if required). 8. After approval of Form-5 from ROC make necessary changes in MOA and AOA and in all other papers and documents.
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.
04 January 2011
The last query of Pranjal has been answered by Udit
Obtain the consent of the members in Form 22A to convene EGM at a shorter notice.
And what has been answered by Ajay Sir seems to be wrong to that extent that now we do not receive any stamped form 5 so the same cannot be filed with ROC.
Also the same procedure has been mentioned by Ajay in the link also so no post was really required i think.
05 January 2011
EGM can be held at shorter notice subjet to the consent of the members holding not less than 95% of the paid up capital which carries a right to vote at the meeting as per Section 171(2) of the Companies Act.
Hence you can go in for increase in ASC by following the above procedure.
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