Change in Share Capital - Overview
The authorized capital is the amount of investment where the Company can go for an option to issue the shares to the shareholders. According to Section 2(8) of the Companies Act, 2013, the Authorised Capital limit is mentioned in the Capital Clause Of the Memorandum of Association of the company. At this point, the company has to take the necessary steps to Increase or to Change the authorized capital limit so that it can issue more shares. However, the company cannot grant shares exceeding the authorized limit at any point.
Characteristics of Change in Share Capital
Share Capital is a privilege to a predefined amount of the share capital, carrying with its specific rights and liabilities.
According to the Sale of Goods Act, 1930 – Goods implies any movable property other than exceptional cases, money and stock and shares.
Share Capital is distinguished by its number, even though this proviso will not have any substantial impact to a share amount held by a person whose name is enrolled as the owner of that particular share in the record of a depository
a share of any part in the company that is the movable property and it can be transferable in the way mentioned in the AOA of the Company
Different types of Change in Share Capital are
Increase in ’ Authorized ’ Share Capital
Combination and division all or any of the Share Capital into shares of bigger amount than existing Share
Convert all or any of its completely settled up shares into the stock and re-convert that stock into the completely settled up portions of any division
Sub-Division of its shares, into the portions
The reduction of shares.
Documents Required For Registration
- Announcement of EGM with the descriptive statement
- Duplicate of the resolution passed at the general meeting of the associates
- Altered MOA or Memorandum of Association
- Modified Articles of Association
- A valid certified copy of Board resolution for alteration in AOA
- A valid certified copy of Board resolution for alteration in MOA
- A valid certified copy of Shareholders resolution
- Two duplicate copies of the application
- Copies of audited balance sheets for the preceding three years
- Resolution for allowing such consolidation or division and furnishing explanation for the equivalent
- Legal document authenticating the petition
- Bank draft confirming the payment of request fee.
- The enforced Vakalatnama or Memorandum of appearance along with a copy of the Board's Resolution, whatever is needed
- other required documents
Process To Register
- Authorization in Article of Association
- Board Meeting to be conducted
- Conducting the Extraordinary General Meeting
- Filing with the Registrar of Companies
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