simple solutions for complex legal issue
165 Points
Joined October 2008
Dear Revanth,
1. Basically it relates to financial strategy of the company. It depends on the requirement of longterm capital the company's decision would be a wise one because it is capitalisation of present and future liability.
2. Current liability and working capital would get capitalised. And such capital may be used to finance fixed assets and current assets.
3. Though it dilutes eps but it requires no servicing.
Under the Companies Act:
Assuming the company is private company:
1. Check whether articles of association provides for such allotment
2. Enter into well drafted agreement with the owner of the building
3. Pass resolution, allot shares, file return of allotment under sec.75(1)(b) or 75(2) in case there is no written document and pay the stamp duty.