Form 2 applicability for newly formed pvt. ltd. co.

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CFO & Compliance Officer (Listed Co.)
55 Points Posted on 30 May 2011

Please answer the following question:

A pvt. ltd. co. was formed on 19.01.2011 (incorporation certificate date).

MOA, AOA, FORM - 1,32, 18 Have been already filed with ROC.

Now is it mandatory to file FORM-2 For such pvt. ltd. co. although list of subscribers have been mentioned in MOA, as required Or only A public co. is required to file such form 2, for such first time allotment ?

Also, please tell me that can allotment be made on 31.03.2011 for such co.? although incorporation was dated 19.01.2011 and all money was received in cash from such allotttees?

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On 30 May 2011 at 14:21 Report
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SECRETARIAL EXECUTIVE
46 Points Posted on 30 May 2011

yes. the company can very well file the form - 2 on 31.03.2011 since  the amount received on 19.01.2011 is considered as share subscripttion money. after incorporation, the company in its first board meeting can approve the allotment and file the return of allotment within the prescribed time limit of one month.

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On 30 May 2011 at 14:42
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CFO & Compliance Officer (Listed Co.)
55 Points Posted on 30 May 2011

Thankyou sir!

But is it compulsory for a PVT. LTD. CO. also to file form -2 for first time allotment or not?

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On 30 May 2011 at 15:25
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SECRETARIAL EXECUTIVE
46 Points Posted on 31 May 2011

no sir. its not necessary since the paid up capital has already been updated. However its a good practice to get it filed.
 

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On 31 May 2011 at 14:10
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Practising Company Secretary
23 Points Posted on 17 July 2011

Irrespective of whether the Company is private or public, it is not required to file form-2 regarding the subscripttion to MOA.


Subscripttion to MOA is one exceptional case which does not requires filing of form-2, eventhough there is a allotment of shares. 

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On 17 July 2011 at 08:40

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