Authorized capital - increase

MCA 1282 views 18 replies

Dear All,

I'm practising CA in Bangalore.

Kindly suggest me for the below mentioned issue :-

One of my client ask to increase authorise capital for INR 10,00,000/- by keeping 100,000/- unalloted (INR 900,000/- is paid up capital) but due to error, Paid up capital is mentioned in the Form 5 of INR 10,00,000/-. and it is approved by ROC. Is there any way to correct it?

How to rectify this error? Kindly Suggest.

Regards,

Divya

 

Replies (18)

According to my perception,

First talk to concerned ROC and then opt for any of two below mentioned solution if ROC permits.

1. File a revised Form 5 with correct paid up capital in which attach a lettere signed by Director stating about the error.

2. File Company Master Data Correction Form  (First alternative is more valid)

 

yes what sneha have said is perfect solution to ur problemyes

Hi Sneha,

Thanks for your valuable inputs.

We have just spoken to our concerned Assistant ROC, they are telling that, Form-5 once it is approved, it cannot be revised. However we can submit a fresh Form-5, pay Stamp Duty again and then they can nullify the former Form-5 replacing the latter. What you suggest?? The client may not agree to pay stamp duty again.

For option-2, how to correct Company Master Data?? Please suggest if it can be done online.

Thanks in Advance.

Regards,

Divya

 

 

Legally, you should opt for the solution which ROC provided you with. I dont have any right to suggest you with any other alternative.

For your information and future reference I am telling you the procedure of Company Master Data Correction Form. Take the print out of Master Data as it appears on MCA portal as on date. In the last column which is blank manually write the changes you want to make in master data. Submit it to ROC with prescribed fee.

Dear Divya, the effect of Form 5 is on Authorised Capital i.e. in MASTER dATA, the amount of authorised capital will incraese and not the paid up capital. What has been done, let it go. Now just file Form 2 in which you give paid up capital as Rs. 9 lakh and authorised capitall as rs. 10 lakh. the master data will change symultaneously as per your requirements

Mohitji, I dont think ROC will accept Form 2 as no fresh allotment is made. There will be no content for list of allottees

As Divya is saying that wrongly written as 10, 00, 000 in paid up capital in Form No. 5, thats i said that there will not be any impact over paid up capital in Master Data. and if the company want to make impact of 9 lakh as paid up capital then it should file form 2

Hi Mohit Sir, Thanks for the advise. It is working. The issue is resolved as you said.
Thats nice divya.. can you please tell me what document you gave as attachment and wat fig you gave in no of shares alloted (as dere was no fresh allotment )

I agree with what mohit has said.......form 5 is filed to increase the authorised caoital of the comoany and if company wishes to represent its paid up capital as 900000 rs than it has to file form 2 .......as u file form to with the list of allotee it will be update soon

 

Evn I agree it will be better if we could file Form 2..but d thng is wat no of shares we will give in fresh shares alloted column and application money recvd ??

Dear Sneha,

u file with the same share u wish to allot .......and automaetically it will update.there is no need to file form 5 again and paying stamp duty over it

 

I guess the ques dont incld that co wish to allot any shares.

yes sneha i have read it again the discussion is going somwhere else company wish to keep 100000 unalloted share.......mohit enlight our knowledge 


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