Alteration in MOA

Hi please resolve.

its  a case that my friend who is working as accountant of a foreign co has asked me.

The foreign company which is a public ltd in that country has started its operations in india with some authorised capital.Now it is on the go to increase its share capital.

Now the need arises for me to ask a question is whether the company shall first state the amount reqd to be raised as auth capital  in its moa or the company could bring in its capital and then shall it state in the memorandum. 

Which is the right way to do

Replies (2)

i think, u have to first complete all the procedural formalities regarding alteration in M/A i.e. alteration in authorised capital n then only u can brought additional capital..

I agree with Mr. Saurabh that the right way is to first complete all formalities for increase in auhtorised capital and alterations on MOA and AOA (if reqd.) and then to bring in capital.

 

But if the amount has been recd. it can be kept as share application money and allotment can be made only after alteration in MOA and filing Form- 5 & 23 (if AOA altered) with ROC.

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