Hi everyone,
We need to increase the authorised share capital of the company from 20cr to 30 cr. company is registered in delhi.
Only alteration in MOA is required.
Please advice what will be the fee structure for the same i.e. ROC fee's for filing Form 5 and Form 23 and also stamp duty if applicable. and also do let me know how to pay the stamp duty electronically.
Thanks
Mishu
1) Delhi (companies having share
capital other than section 25)
Stamp duty shall be:
0.15% of amount of increased authorised
capital subject to maximum of Rs. 25 lakhs
of stamp duty
Less 0.15% of amount of existing
authorised capital subject to maximum of
Rs. 25 lakhs of stamp duty
2)Delhi (companies not having
share capital other than section 25 companies)
NIL
3) Delhi (Section 25 companies) NIL
FOR FILLING FORM 5 THE FEE WILL BE Rs. 5,00,000
FOR FORM 23 M NOT SURE BUT IT WUD B RS.500
U CAN CHECK THE FEE CALCULATION IN MCA SITE..
U CAN CHECK ALL THESE IN MCA SITE N PLZ WAIT FOR SOME MORE REPLIES... N FRNDS PLZ LET ME KNOW IF M WRONG...
U CAN ALSO CHECK THIS FILE FOR STAMP DUTY...
halo cci frnds,,
pls chek the above information about the fees provided by mee is corect or not???
u can check the fees from following link
https://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=15
Dear Mishu,
The Hon'ble High Court of Delhi at New Delhi has held in the matter of S E Investments Limited Vs Union of India and Others [W.P. (c) 2393/2010 and CM Appl.4794/2011] that there is no provision in the Delhi Stamp Act for payment of stamp duty on "increased authorised capital”. Payment of stamp duty for increase of authorised capital being paid with filing of eForm No.5 with respect to State of National Capital.
Therefore, in delhi no fees would be leviable, you have to fill in form 5 at the column 11 (b)
(b) Whether stamp duty is to be paid electronically through MCA21 system = N.A.
You are not required to file form 23 because increase in Authorised Capital just need Ordinary Resolution and change in MOA.
In case Articles are also required to be altered then only form 23 is to be filed other wise not.
Hi Mishu,
I agree with Mr. Ankur Srivastava. Though the form 5 has been altered now as previously it was reflecting the case reference also. Now with respect to Form 5 you can click the option Not applicablein case of Company in New Delhi.
Thanks & Regards
Amit Mishra
BSamrish & Co.
New Delhi
Thank u members.. one more thing.. will there be any stamp duty on MOA.. because the fees coming for FORM 5 on MCA portal is Rs. 5L
Payment of stamp duty for increase of authorised capital being paid with filing of eForm No.5 with
respect to State of National Capital Territory of Delhi is made optional.
This MCA Fee Calculator provides comprehensive and concise fee details for Registration of Company, Registration of LLP, Filing of MCA Forms and Increase of authorised Capital in all states of India including respective state’s stamp duty
https://companiesinn.com/learning-centre/businessstructure/roc_filing_fees.php
CAclubindia
