Company Secretary
754 Points
Joined January 2011
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Originally posted by : Preeti Jain |
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Dear All,
Please let me know, whether a company can receive SHARE APPLICATION MONEY more than its Authorised Capital.
Thanks in Advance....................... |
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Hi Preeti
In my opinion, Company can accept share application money more than Authorised Share Capital.
according to Rule 2(b) (ix) of the companies (Acceptance of deposits) Rules/ 1975, any amount received from the person who at the time of receipt of the amount was a director or a shareholder of the private company, then such amount will not be treated as deposit within the meaning of deposit rules.
The only Condition applicable for acceptance of Such deposits from the shareholders, directors of the Private company is that the concerned person has to give a declaration in writing to the effect to the company that the amount was not being given out of the borrowed funds or from the funds accepted from the others.
Kindly record in Board Meeting Minutes of excess share application money received.
regards
Santosh Shah