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Authorised share capital

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SUPPOSE A PVT. LTD CO. INCREASE AUTHORISED SHARE CAPITAL BY PASSING A RESOUTION ON 6TH NOV AND FILED FORM 23 WITH ROC ON 20TH NOV. THEN WHETHER SHARE CAPITAL CAN B ISSUED BEFORE 20TH NOV.

Replies (6)

Hi Dear,

I am not geting ur question. If u have amended ur article then form 23 is required to b filed. In case increase of Authorised  Capital, u also require to file form 5. You can issue shares after passing resolution in the general meeting.

The ASC stands increased from the date of passing of the resolution. Form 5 needs to be filed for increase in ASC within 1 month. 

You can allot shares any time after the resolution is passed by the shareholders in the general meeting. However you need to file Form 5 with ROC for increase in the ASC and file Form 23 if the resolution passed in the GM is special resolution.

 For share allotment you need to file Form 2.  Form 2 probably you can file only after filing Form 5 & 23 whereby increase in ASC is advised to ROC.

Agree with Jayashree. you can issue shares anytime after passing of Resolution by General body of the company.

Dear Sakshi,

 

For the increase in Authorised Capital you need to amend the Memorandum of the Company and it require only Ordinary Resolution. However, if the articles are also required to be amend then Special Resolution would be required and form 23 is to be filed within 30 days of the SR.

 

Secondly, within 30 days of the abvoe resolution you are required to file form 5 for increase in authorised capital.

 

Thirdly, the allotment of shares can be made any day after the above resolution and form 2 is to be filed within 30 days of the date of allotment.

 

However, form 2 can only be filed ater filing form 5 and 23.

Dear Sakshi

Following procedure can opt :

1. Date of pasing of Shareholders resolutions (Nov 06)

2. Date of allotment of further share (on or after Nov o6)

3. File Form 5  and Form 23, if any, with ROC for authorised capital increase (Nov 20)

4. File Form-2 after approval of Form 5 is approved by ROC

You can allot shares any time after shareholders approval for increase.

 

Regards

thanks you all.


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