Stamp duty for increase in authorised share capital

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Querist : Anonymous

Querist : Anonymous (Querist)

30 October 2013 ACP P Ltd was incorporated in Aug 2013 with Authorized Share Capital of Rs 100000.00 (Rs One Lakhs Only). Now, in Oct 2013, ACP P Ltd wants to hike its Authorized Share Capital by Rs 49.00 Lakhs. So, the effective capital is estimated to be Rs 50.00 Lakhs.
Kindly, give me the detailed procedure for increasing the Authorized Capital. Also tell me about how to calculate the stamp duty, how to pay the Stamp Duty, mode of payment, pay by date, filing to be done with RoC (in chronological order).
Thanks in advance.

Ajay Mishra

Ajay Mishra (Expert)
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30 October 2013 Procedure for increase in authorised capital of the company

Section 95 of the Companies Act, 1956 provides that a company having share capital shall give notice to the Registrar of Companies for alteration in share capital in e-Form 5 electronically within a period of 30 days from the date of the resolution passed by the company for alteration in share capital.

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.

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Ajay Mishra

Ajay Mishra (Expert)
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30 October 2013 The ROC fee on MOA will be paid Rs. 102000/-

Stamp Duty will be applicable asp per your State Stamp Act. So confirm your state.

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Querist : Anonymous

Querist : Anonymous (Querist)

31 October 2013 hats of to you sir....
explained exceptionally....
once again thanks..............

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