Ordinary reso/special reso

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Is it possible to pass ordinary resolution for capital increase and its subsequent classification into equity and prefrence share capital??

 

Regards

Replies (6)

NO, Special resolution must be passed.

Ganeshan- under which section. For Auth Cap increase, Ordinary res is to be passed-as per me

Sorry Mr Santosh its my mistake.

ordinary resolution is sufficiant for increase in authorised capital u/s 94 (1)

AND

special resolution for Reduction of capital u/s 100


But the Company is also goin for subsequent classification of share capital after capital increase.

Kindly suggest

only ordinary resolution is to be passed in a general meeting.......... bt if the increase in authorised capital is nt authorised by the articles den a special resolution for alteration of articles of the company is to be done.. bt the increase in autorised capital is done by passing ordinary resolution

regards 

Shivi

For Increase the authorised capital just ordinary resolution is sufficient, if no need to change the articles, but if articles needs to be changed, SR is required.

 

Similarly for authorisation to issue preference shares must be authorised by articles, otherwise alter articles by special resolution giving authority to issue redeemable preference shares. No company can issue irredeemable preference shares or  preference shares redeemable after 20 years of issue.

 

Regards

Csjyotika

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