Requirements for subsidiary comapny formation itself

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Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2012 what are the requirements for authorised capital and share allotment of a subsidiary company itself while its formation? Do the authorised capital and share allotment done by the holding company itself is enough for the subsidiary?need a concrete answer with a legal base

Ajay Mishra

Ajay Mishra (Expert)
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09 May 2012 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.
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 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.

Ajay Mishra

Ajay Mishra (Expert)
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09 May 2012 Hi

When the holding co. want to incorporate wholly owned subsidiary company by subscribing all shares of the company, then it is required to opt following procedure:

1. Call a Board Meeting in Holding company cor making investment in new company.
2. Incorporate a WOS company.
3. At least one nominee appoint for holding shares in company name and balance hold by the holding co. itself.

Regards

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