Authorized Share Capital Increase
Boost investor confidence when buying shares in the company because they are confident there is no lack of access to funds, so its required to increase your capital as company grows.
Increase Authorized Share CapitalWhy we need to increase the Authorized share Capital?
Authorized share capital of the company can be increased at any time, subject to the section 61 (read with section 13 and 14) of the Companies Act, 2013.
Step-1 First verifying that the Increase in authorized capital is allowed in the Articles of the company is a pre-requisite to increasing authorised share capital. In case the Articles do not approve an increase, then Article need to amend to allow the same before proceeding as per the provision of Section 14 of the Companies Act, 2013.
Step-2 A board meeting is called wherein it is decided that an EGM is to be held to discuss and vote on the matter of raising authorised share capital.
Step-3 EGM will held on the date specified in Board Meeting and then the Ordinary Resolution under section 61(1)(a) of the Companies Act, 2013, will be passed to increase in authorised share capital of the Company.
Step-4 File form SH-7 within 30 days of passing of Ordinary Resolution with the concerned Registrar of Companies, with p
According to section 117 (2) If the company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified under Section 403 with additional fee, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
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Documents Required For Authorized Share Capital Increase
- Board Meeting for Increase in Authorized Share Capital
- Board Resolution for Increase in Authorized Share Capital
- Notice of EGM for Increase in Authorized Share Capital
- Certified True copy of Ordinary Resolution.
- Altered Memorandum of Association.
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FAQs
Some professionals are of the view that for increase in authorised share capital Special Resolution is to be passed, since amendment in Memorandum of Association can be done by way of passing Special Resolution under section 13 of the Companies Act, 2013.
It means the maximum value of securities that a company can legally issue
With proper documentation the process could complete within 10 days of time If there is any complication or delay in providing the documents, the time taken for the process may vary.
After 30 days of passing ordinary resolution additional duty being levied upon the company.