Skip to main content

Procedure to Increase the Authorized Share Capital of the Company (Form SH-7)

While receiving additional funds from investors or existing shareholders, a Company may have to increase its Authorized Share Capital so as to ensure that the new capital being brought in the company is within the authorized limit mentioned in the Memorandum of  Association of the Company.

Remember the basic rule: The Paid Up Capital of a Company can never exceed its Authorized Share Capital.

The procedure to Increase the Authorized Share Capital of the Company is given below:

1) Check the Articles of Association ("AOA") of the Company to ensure that suitable provision/clause with respect to the power to Increase the Authorized Share Capital of the Company is in place, otherwise suitable amendment should be made in the Articles of Association of the Company by passing a Special Resolution.

2) Issue notice for holding Board Meeting to discuss the following matters:

    a) Increase in Authorized Share Capital of the Company:
    b) To fix the date, place, time of the Extraordinary General Meeting ("EGM") of the Company.

3) Hold the Board Meeting to discuss the above matters.

4) Issue Notice for conducting Extraordinary General Meeting of the Company along with the explanatory statement as per Section-102 of the Companies Act, 2013.

5) Hold the Extraordinary General Meeting and pass an Ordinary Resolution to approve the Increase in Authorized Share Capital of the Company.

6) File Form SH-7 within 30 days of passing the Ordinary Resolution.

7) Upon approval of the Form SH-7 by the Registrar of the Companies, the new authorized share capital of the company shall be displayed on the MCA-21 Portal.

Mandatory Attachments of Form SH-7

1) Copy of resolution for Increase in Authorized Share Capital of the Company;
2) Altered Memorandum of Association ("MOA") depicting the new authorized share capital of the Company. 

Kind Attention: The information provided herein is for educational purposes only and the author assumes no responsibility or liability for any errors or omissions in the content. 


Comments

Popular posts from this blog

Procedure for change of name of a Company as per the provisions of Companies Act, 2013

Many a time management of the Company may decide to change the name of the Company which may be due to various reasons like change of the objects of the Company, re-branding, conversion from Private to Public Limited or otherwise.   Given below is the procedure to change the name of a Company: 1)     Call a meeting of the Board of Directors of the Company by giving a notice of not less than 7 Days or a shorter notice may also be given as per the provisions of the Companies Act, 2013; Note: The resolution for considering the change of name may be approved through circulation. 2)    Hold the Board Meeting and get the resolution for change of name approved by the Board of the Company;   3)     Apply for the new name of the Company through RUN Service of MCA along with the following attachments: a)     Copy of the Board resolution as approved by the Board for change of name; b)     NOC from the trademark holder if the proposed name includes a word which is a registered trademark. If the tr

Payment of Stamp Duty on Share Certificates in Gurgaon, Haryana.

  Procedure for payment of Stamp Duty in Haryana: 1. Preparation of relevant documents: As a first step, the Company should prepare the following documents for submission to the authority:  Application along with INR 10 Court Fee Stamp; Copy of Share Certificates; Certified copy of Board Resolution; Certified Copy of PAN Card of the Company; Copy of Memorandum and Articles of Association of the Company; Copy of Form PAS-3, as filed with Registrar of Companies; List of Directors of the Company; List of Share Certificate Holders of the Company; Authority Letter in favour of Company Secretary/ Chartered Accountant for submission of documents to the authority. Note: It should further be noted that Every page of above documents should be signed by a Director of the Company and should also be stamped with the Company Stamp. 2. Submission of documents to the “Revenue Department”, Haryana. All the above documents shall thereafter be submitted to the Revenue Department si

Private Placement of Shares- Procedure, forms and timelines.

Private Placement means the offer and issuance of shares to a select group of persons by a Company.  The Procedure for issuance of shares on a Private Placement Basis is as follows:  1) Hold a Board Meeting: The first and the foremost step for issuing shares on a Private Placement Basis is to hold a Board Meeting for the following purposes: a) Approving the list of persons to whom the shares shall be issued on a Private Placement basis.  b) To approve the offer letter for issuance of shares (Form PAS-4) c) Calling an Extra-Ordinary General Meeting ("EGM") for obtaining the consent of the shareholders for issuance of shares on a Private Placement Basis.   2) Call an Extra-Ordinary General Meeting ("EGM") to approve the resolution for the issuance of shares on a private placement basis as a special resolution and to approve the offer letter to be circulated for this purpose.  3) File the Form MGT-14 within 30 days of approval of the resolution by the shareholders of