Pawan Singhal (chartered accountant) (655 Points)
13 March 2018if co. want to increased authorised capital.. is it compulsory to attached new moa as per co. act 2013. earlier submitted MOA WAS AS PER CO ACT 1956. WE HAVE RECEIVED A DEFECT NOTICE THAT Ateration made in the capital clause of MOA is not "noted" as per Section 15 of CA,2013. how to solved this defect
Thanking you
Jatin Bajaj
(CS)
(2928 Points)
Replied 14 March 2018
As per the provisions of Section 61 of the Companies Act 2013, a Company can alter the share capital by passing ordinary resolution.
Form SH 7 needs to be filled within 30 days of passing ordinary resolution.
As there is ordinary resolution , so no need to file Form MGT 14.
Mandatory attachments for filing SH 7
Certified copy of Ordinary resolution passed in EGM
Certified copy of explanatory staement of notice of EGM
Altered copy of MOA ( duly signed and stamped by the Director) stating the date of passing resolution as the altered MOA is effective from such date of passing ordinary resolution. ( Clause V needs to be amended as capital clause)
Optional attachment- Notice of EGM
VIJAY DHOOT
(CA)
(25 Points)
Replied 20 June 2018
Sir, i have faced the same issue, plz provide guidence for how to resolve the issue.
CA Preetham S Shetty
(Chartered Accountant)
(32 Points)
Replied 21 August 2018
Should the altered MoA be in eForm (Digitally Signed) or it can be in normal paper format.
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