Increase in authorised capital

Form 23 is required if Articles of Associations needs to be change in order to change Clause V of Memorandum of Association to such inc in authorized capital.

Hold a meeting to call EGM. Pass the reqd resolution as ordinary resolution ( or special resolution if AOA needs to be changed) for such increase in authorized cap.

After resolution is passed file Form 23 (if reqd). Attachments for Form 23 will be EGM resolution, Notice with explanatory statement and altered MOA.

After approval of Form 23 (if filed) file Form 5. Mention the SRN of Form 23 (if filed) in the Form 5 and attach the MOA in Form 5.

Revert back for further query.

Thanx For Rply..

if AoA contain the Alternation Clause of Capital..So there is not requried to Alter AOA..but if we Increased the Authrised Capital the only MOA is Alter. then in that Case it is Required to file Form 23 or not.. if i am wrong please Correct me.

Its not clear from your reply what the Articles exactly states. If for ex Articles says that share capital will be as per the Memorandum of Association, then in this case change in articles is not reqd, so Form 23 is also not required.

Form 23 is reqd only when when articles is altered for inc in authorized cap (SR in EGM). If only memorandum is altered and not the articles then Form 23 is not required. Just pass OR in EGM

AoA said that Authorised Capital is As per Clause V of MoA.. 

Thanku u So much for Solving my douts.

But i had spoken To a person at MCA they said that you need to file form 23 even if it is an OR because altertion in MOa cals for EGM n for that you need to notify ROC via Form 23

Filing of Form 23 is required for registration of certain resolutions and agreements (including special resolution). If special resolution is not passed for increase in authorized capital, no need to file 23.

So what is Right :

From no 23 is filled or Not. 

u need to pass resolution for increase in authorized capital right coz there will be bm and EGM so in my view do file it to be on the safer side

Originally posted by : Chandan Singh
	So what is Right : From no 23 is filled or Not.

Dear Chandan,

Form 23 is to be filed.

Regards,

Suraj