please provide me the format of Board resolution for increasing the paid up share capital of a private limited company..in which both MOA and AOA need to be altered???
CS Arjun Rajagopal (B.com, ACS) 10 February 2014
BR for increasing the AC
"RESOLVED THAT in accordance with the provisions of Section 16 and Section 94 of the Companies Act, 1956 and other applicable provisions of the Companies Act, 1956 (including any statutory modification(s) or re-enactment thereof, for the time being in force) the Authorised Share Capital of the company be and is hereby increased from Rs. .........../- ( In Words) divided into Rs. .........../- ( In Words) Equity Shares of Rs./- each to Rs........./- (In Words) divided into ..........(In Words) Equity Shares of Rs./- each and consequently the Clause V of the Memorandum of Association of the Company be and is hereby altered by deleting the same and substituting in its place and instead thereof, the following new Clause V'
V. The Authorised share capital of the Company is Rs....../-(In Words) divided into Rs.../- Equity Shares of Rs./- ( In Words) each with power to increase or reduce the capital of the company and to divide the shares in the capital for the time being into several classes and attach thereto respectively such preferential, qualified, or special rights, privileges or conditions in such manner in accordance with the provisions of the Companies Act, 1956.
P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) 11 February 2014
The query relates to increase in paid-up share capital and not authorised share capital. For increasing paid-up capital you have to allot new shares within the existing authorised capital which does not involve amendment of Memorandum & Articles.