Alteration & allotment of share capital

Dear Learned members, 

 
Request you to Please advice on the following matters :-
 
I am in the process of Filing SH-7 for increasing the authorized share capital of a company. Now, I need to know:-
 
1) Whether filing MGT-14 is mandatory before filing SH-7, in case where company independently increasing its share capital.? 
 
and
 
2) how can I allot equity shares of a company to the persons other than the existing shareholders/existing shareholders. Please elaborate the complete process. 
 
Thanks in advance
-Kapil Dudeja
Replies (8)

Dear Kapil,

if your company is increasing authorized capital without altering AOA/Passing Special resolution, need not to file Form MGT-14.

your Company have to follow section 42 and 62(1) (c) of CA, 2013, Procedure is enclosed

Thanks prakash sir for the reply. Really helpful. One more thing for increasing authorized capital, we also need to amend MOA. For amending MOA, is it necessary to file MGT-14?

Dear Kapil,

If your company amending MOA by passing special resolution, require to file form MGT-14 within 30 days from date of passing Special Resolution.

Thanks a lot sir. Really Helpful :)

if a private company wants to increase its paidup capital by way of right issue and the existing shareholders renounce their rights to someone else, in that case mgt 14 is not required. Am i right?

Dear Anjali,

As per Section 117 (3) read with Section 179 (3) (c) of CA, 2013, Company has to file MGT-14 within 30 days from date issue of any kind of securities.

section 117(3)(g) is exempt for private company so sec 179(3) is not applicable to private company with respect to filing of mgt14

MGT-14 not required for rights issue incase of pvt ltd co.

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