Procedure to increase Authorised share capital of a pvt. co.

Dear Vivek,

Yes private company is also required to file form 23 in case of every resolution mentioned under section 192.

In case of increase in Authorised Capital under sectino 94, form 5 must be filled within 30 days of the date of Resolution.

Dear Friend

As Increase in Authorised Share Capital is passed in EGM as Ordinary Resolution

so filing of Form 23 is not necessary required.

u can file Form 5 directly within 30 days of passing such resolution in EGM.

yah khushboo.. To increase authorised share capital, ordinary resolution is required to pass but to alter memorandum clause V i.e. capital clause, special resolution is required to be passed and that's y Form-23 is required to be filed within 30 days from the date on resolution passed i.e EGM/ AGM date.

While filing form V for increase in Authorised Capital, is it necessary to attach a complete set of MoA along with the amendment or an extract of the amended clause will serve the purpose? Is it necessary to file form 23 only for changing the said clause,if there is no need to alter the AoA?

Hello

yes full set of altered MOA is required to be attched with Form 5

Form 23 is required to be filed if there is a special resolution in EGM increasing the authorised capital

If it is ordinary resolution, Form No 23 is not required (rather if you are not amending AOA then you need not pass special resolution and Form No 23 is not required)

regards

Agreed with Kedar Sir.

In order to change MOA do we need a Special Resolution?

If no, then Form 23 is not required. If yes, then again it is required.

is it possible to increase the Auth capital without Special Resolution then?

Pls Help

For  change in MOA only only Ordinary Resolution is required and form 5 is to be filed.