Increase In Authorised Share Capital

A company needs investment or capital to run the business daily. Fund requirements can be a short term goal or a long-term goal. A short-term requirement has options such as taking loans and advances, while long-term requirements will need to bring in more capital. In a private limited company, the need can be met by an increase in the authorized share capital of a company.  

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At the time of Private Limited Company Registration, the authorized and the paid-up capital is specifically mentioned in the Memorandum of Association (MOA) of the company. The company/firm can issue new shares within the limit of such specified authorized and paid-up capital. If the company requires to issue more shares than the specified period then it has to amend the Memorandum of Association (MOA).

Authorized Capital

It is defined as the maximum limit of share capital to which a firm/company can issue its shares to the shareholders. A company that is not authorized to issue shares beyond the specified period. It is, therefore, said if a company wants to issue shares beyond the said period then it has to amend its Memorandum of Association as per the Companies Act.

Prerequisites to increase the authorized capital

  1. An Articles of Association (AOA) should have a clause for an increase in the authorized capital.
  2. Shareholders’ approval is mandatory.

How to apply?

Ways to increase the capital of a company:

  1. Checking its Article of Association (AOA) and Memorandum of Association (MOA)

A company/firm must check its Articles of Association and Memorandum of Association about the limit of the authorized capital. If the problem relating to the shares is going to be beyond the specified period in the Memorandum of Association then it has to level up the authorized capital. Before increasing, the authorized capital,  the company should check whether it can do it legally as per the norms of association of the company. There is an option to amend such provisions which are called the Altering the Articles of Association.

  1. Once AOA allows for such an increase, an AGM or EGM should be conducted wherein the resolution to increase authorized capital will be passed.
  1. Intimation of Registrar of Companies (ROC) with the following documents;
  1. A Certified true copy of board resolution for alteration in AOA.
  2. A Certified true copy of board resolution for alteration in MOA.
  3. Notice of Annual General Meeting for extraordinary General Meeting.
  4. A certified true copy of shareholders' resolution.
  5. Altered copy of AOA.
  6. Altered copy of MOA.

After receiving the order from the MCA a company shall alter its copies of the MOA and AOA.

Key requirements

To be updated in Future

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