Want to increase authorised capital and paid up capital

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CS KINJAL SANGANI (Querist)
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05 January 2012 Can any one tell me ,
our reg off. is situated at Surat,which is private ltd company. and now we want to increase the authorised capital of the company and paid up capital of the company,
currently authorised cap. 2500000and paid-up cap. 2300000
We want to increase the authorised and paid up cap. to 5000000so what is the procedure and what are the forms which we need to file and how much stamp duty we need to pay.
its urgent.

Jiten Gupta

Jiten Gupta (Expert)
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06 January 2012 1st Check , what ur MOA and AOA has Provision regarding ASC.

IF ur AOA says that ASC of company shall be as per Clause V of MOA then u need to alter MOA only. For alteration of Capital clause of MOA, pass an Ordinary Resolution in General Meeting. File E Form 5 with altered MOA with Notice of General Meeting and Resolution to ROC. Once this is Done Now Increase ur Paid up capital by passing Board Resolution in Board Meeting and File Form 2 with list of allottees and BR, within 30 days of Allotment.

If AOA is required to altered for increase in ASC than alter AOA U/S 31 by passing Special Resolution in General Meeting and file form 23 with altered AOA and MOA with Resolution and Notice of General meeting within 30 days of passing SR to ROC.

Jiten Gupta

Jiten Gupta (Expert)
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06 January 2012 increase in Authorised Capital requires Alteration of Capital Clause of MOA as per section 94. Here u are required to pass An ordinary Resolution u/s 94.

Now File form 5 with altered MOA, Notice of EGM along with Resolution.

Once you have increased the ASC, Now increase the Paid up Capital by Passing Board Resolution. Now File Form 2 with List of Allottees and Resolution.

NOTE- Check what ur AOA contains regarding ASC? If it contains that Capital of the Company shall be as per Clause V of MOA then no need to alter AOA but in case AOA also contains ASC in Value than u need to Alter AOA by Passing SR in GM and therefor file form 23 within 30 days of passing SR along with Altered AOA. then also u will be requiring to file form 5 with Altered MOA.

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