A private limited company increased its paid up share capital from Rs. 7.5 lakhs to Rs. 10 lakhs in march 2014,but inadvertently forgot file return of allotment with MCA, now as eforms under companies act, 1956 are not available, so while filing form PAS 3 a mandatory attachment PAS 5 is required & is asking to select all the boxes under the head- Declaration that in respect of preferential allotment or private placement the company has:' But as per old act PAS 5 was not mandatory.So now what is the remedy available to file PAS 3 without PAS 5.
And earlier under companies act, 1956 only form 2 (return of allotment) was required to be filed, but now under companies act, 2013 two forms are required i.e GNL 2 - form for submission of documents with registrar (private placement offer letter - PAS 4) & PAS 3 - return of allotment.
Now my query is whether company has to file both efoms as per companies act, 2013 or only PAS 3 for return of allotment without attaching PAS 5 or with PAS 5 and other formalities which are required to be done.
CAclubindia
