Manager - Finance & Accounts
58384 Points
Joined June 2010
Hi Afreen,
If SH-7 (Increase of Authorized Capital) is filed late with the ROC, then:
Effective Date of Increased Authorized Capital:
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The effective date of the increase will be the date on which the ROC actually receives and processes the SH-7 form (i.e., the date of filing with ROC), not the date of the board/shareholder resolution.
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So, even if the resolution was passed earlier, the increased authorized capital is recognized legally from the date of filing with ROC.
Implications of Late Filing:
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Late filing penalty: You will be liable to pay penalties under the Companies Act for delayed filing.
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Legal validity: The company cannot issue shares or take any action based on the increased authorized capital before it is effective on ROC filing date.
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Backdating not allowed: The ROC does not accept backdating for SH-7 filing.