Filing of mgt 14 in case of increase in share capital

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monik

employee

25 Points Joined February 2018

do we have to file MGT 14 in case of increase in the authorised share capital of the company.

Replies (9)

Aditya Dude

93 Points Joined August 2017

Form SH-7 is required to be filed for Increase in Authorised Share Capital

Form MGT 14 is also require to file because special resolution is recquired to pass to increase the share capital
Apart from MGT 14 & SH 7 , PAS 3 is also recquired to file in case of allotment of share

Aditya Dude

93 Points Joined August 2017

after SR within 30 days file MGT 14 to roc

Jatin Bajaj

2942 Points Joined April 2016

For increasing in the Authorized share capital of the Company , no need to pass MGT 14 as ordinary resolution needs to be paased.

File Form SH 7 for increasing in authorized share capital of the Company.

For increasing in the paid up share capital of the Company either by way of right issue or by private placement

By virtue of Right issue just pass Pas 3 within 30 days of allotment.

And in case of private placement, as special resolution needss to be filled , so file MGT 14 within 30 days of passing special resolution

PAS 3 within 30 days of allotment of shares

and PAS 4 for approval of draft letter of offer

Vinayak Mishra

192 Points Joined September 2017

Sir please tell the difference between Section 61 & section 62
Section 61 .talks about the increase in authorised share capital while section 62 talks about the increase in subscribed capital
In section 61(1)(a) special resolution is required while in section 62(1)(a) ordinary resolution recquired.
Thanks & Regards

Aditya Dude

93 Points Joined August 2017

Section 61 to increase the authorised share capital first alter moa and pass sr than you can increase your authorised share capital .

section 62 subscribe capital is a capital which is subscribe by shareholder in public issue .
if you want to increase the subscribe share capital than simply OR is required.

Vinayak Mishra

192 Points Joined September 2017

yes, monik asked about the increase of authorised capital that's why I had answered accordingly

Jatin Bajaj

2942 Points Joined April 2016

Section 61 talks about increasing in authorized share capital of the Company and Section 62 talks about increasing in paid up/subscribed capital of the Company.

In case of increasing in authorized share capital of the Company, we have to pass ordinary resolution in general meeting not the special resolution.

And in case of right issue of shares just pass board resolution for approving right issue of shares. File Form MGT 14 for right issue in case of public companies as per the provisions under section 179 of the Companies Act 2013