No sufficient authorised capital

Hello,

A Pvt Ltd Company with Authorised capital of Rs. 1 Lac, Paid up capital Rs. 1 lac.... Also showing Rs. 1.8 lac Share application money in the balance sheet & filed the annual return for both 2009-10 & 2011-11..

Now company wanted to change name & filed Form 1A, 23 & form 1B with ROC..

ROC raised the below query -

As at 31.03.2011, Share application money Rs. 1.8 lakh is pending for allotment. But the Authorised capital is only Rs. 100000/- and already Paid up capital is Rs.100000/- and thereby there is no sufficient Authorised Capital. U R ADVISED TO FILE FORM 5 & FORM 2.

Now - 1. If the company  to increase the authorised capital, then what would be the resolutions date? bcoz, AGM for 2011 already held & approved the accounts & filed with ROC.  - It should be an EGM after ROC query or it can be EGM during April 2011 or March 2011 & revise the Annual return..

or

2. Can the company explain it to ROC as this the amount of unsecured loans from directors & wrongly shown in the balance sheets & revise the AR..

3. or you have any other solutions immedietly??

 

 

Replies (1)

COMPANY PAID  UP CAPITAL CANNOT BE MORE THAN ITS AUTHORIZED CAPITAL

ONLY PASSING BOard RESOLUTION IT DOES NOT MEAN THAT INCRAESE AUTHORIZED CAPITAL

IT NUST BE PASS IN C.Y ,PAY STAMPT DUTY & ROC FEEES ,FILE FORM  NO-2

 YOU CAN EXPLIAN ROC THAT UNSECURED LOAN BY MISTAKE DEBIT SHARE APPLICATION MONEY

 

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