Companies (Central Government's) General Rules and Forms (Amendment) Rules, 2011 (X)
In exercise of the powers conferred by sub-section (1) of section 642 read with section 610B of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Central Government's) General Rules and Forms, 1956, namely: -
1. (1) These rules may be called the Companies (Central Government's) General Rules and Forms (Amendment) Rules 2011.
(2) These rules shall come into force with effect from the 25 September, 2011.
2. In the Companies (Central Government's) General Rules and Forms, 1956, for Form 5, the following Form shall be substituted, namely:-
| FORM NO. 5 [Pursuant to sections 95, 97 or 94A(2) or 81(4) of the Companies Act, 1956] | Notice of consolidation, division, etc. or increase in share capital or increase in number of members |
Note - All fields marked in *are to be mandatorily filled.
| 1.(a) * Corporate identity number (CIN) of company | |
| (b) Global location number (GLN) of company | |
| 2.(a) Name of the company | |
| (b) Address of the registered office of the company | |
| (c) *e-mail ID of the company | |
3. *Purpose of the form
| Increase in share capital independently by company | Increase in number of members |
| Increase in share capital with Central Government order | Consolidation or division etc. |
| 4. In accordance with section 97 of the Companies Act, 1956, that by | Ordinary | Special resolution at |
| the meeting of the members of the company held on | |
(DD/MM/YYYY)
| Service request number (SRN) of related Form 23 | |
(a) The authorised share capital of the company has been increased from
| Existing | (in Rs.) | |
Revised
(in Rs.)
Difference (addition)
(in Rs.)
(b) (i) The number of members in the company has been increased from
| Existing | |
||
Revised
Difference (additional)
(ii) Maximum number of members excluding past and present employee(s)
5. (a) In accordance with sub-section (3) of section 94(A) of the Companies Act, 1956, the authorised share
| capital of the company has been increased consequent upon an order dated | |
(DD/MM/YYYY)
| of the Central Government under sub-section (4) of section 81 or sub-section (2) of section 94A of the Act upon an application made to it by (Enter the name of the financial institution) | |
| |
| for conversion of | debentures | loans into shares |
| Existing authorised capital | (in Rs.) | |
Revised authorised capital
(in Rs.)
Difference (addition)
(in Rs.)
(b) A copy of the aforesaid order was received by the company from the Central Government on
| |
(DD/MM/YYYY)
6. The additional capital (taking into consideration the addition above) is divided as follows
| (a) Number of equity shares | |
Total amount of equity shares
(in Rs.)
(b) Number of preference shares
Total amount of preference shares
(in Rs.)
Total addition
(in Rs.)
7. The conditions (e.g. voting rights, dividend rights, winding-up rights, etc.) subject to which new shares have been issued, are as follows
8. Notice is hereby given that
| In accordance with section 95 of the Companies Act, 1956, that the company has on | |
(DD/MM/YYYY)
| (a) Consolidated | |
(b) Converted
(c) Reconverted
(d) Subdivided
(e) Redeemed
(f) Cancelled
(g) Reclassified
9. Revised capital structure after taking into consideration the changes vide points 4, 5, 6 and 8 above
| (a) Authorised capital of the company | (in Rs.) | |
Break up of Authorised capital
| Number of equity shares | |
Total amount of equity shares
(in Rs.)
| Nominal amount per equity share | |
| Number of preference shares | |
Total amount of preference shares
(in Rs.)
| Nominal amount per preference share | |
| Number of unclassified shares | |
Total amount of unclassified shares
(in Rs.)
| (b) Issued capital of the company (in Rs.) | |
Break up of Issued capital
| Number of equity shares | |
Total amount of equity shares
(in Rs.)
(in Rs.)
| Nominal amount per equity share | |
| Number of preference shares | |
Total amount of preference shares
| Nominal amount per preference share | |
| (c) Subscribed capital of the company (in Rs.) | |
Break up of Subscribed capital
| Number of equity shares | |
Total amount of equity shares
(in Rs.)
| Nominal amount per equity share | |
| Number of preference shares | |
Total amount of preference shares
(in Rs.)
| Nominal amount per preference share | |
| (d) Paid up capital of the company (in Rs.) | |
Break up of Paid up capital
| Number of equity shares | |
Total amount of equity shares
(in Rs.)
| Nominal amount per equity share | |
| Number of preference shares | |
Total amount of preference shares
(in Rs.)
| Nominal amount per preference share | |
| 10. *Whether articles of association have been altered | Yes | No |
11. Particulars of payment of stamp duty (Refer instruction kit for details before filling the particulars)
| (a) State or Union territory in respect of which stamp duty is paid or to be paid | |
| (b) *Whether stamp duty is to be paid electronically through MCA21 system | Yes | No | Not applicable |
Note: The Hon'ble High Court of Delhi at New Delhi has held in the matter of S E Investments Limited Vs Union of India and Others [W.P. (c) 2393/2010 and CM Appl.4794/2011] that there is no provision in the Delhi Stamp Act for payment of stamp duty on "increased authorised capital". Payment of stamp duty for increase of authorised capital being paid with filing of Form No.5 with respect to State of National Capital Territory of Delhi is made optional.
| (i) Details of stamp duty to be paid Amount of stamp duty to be paid (in Rs.) | |
(ii) Provide details of stamp duty already paid
| Type of document/Particulars | Form 5 | |
| Total amount of stamps or stamp paper (in Rs.) | |
Mode of payment of stamp duty
Name of vendor or Treasury or Authority or any other Competent agency authorised to collect stamp duty or to sell stamp papers or to emboss the documents or to dispense stamp vouchers on behalf of the Government
Serial number of embossing or stamps or stamp paper or treasury challan number
Registration number of vendor
Date of purchase of stamps or stamp paper or payment of stamp duty
| |
(DD/MM/YYYY)
Place of purchase of stamps or stamp paper or payment of stamp duty
| 12. In case maximum stamp duty payable has already been paid, provide details of form(s) filled earlier (SRN or receipt number, form number, date of filling, amount of stamp duty paid) | |
| |
| Attachments | List of attachments | ||
| 1. Proof of receipt of Central Government order | |
2. Altered memorandum of association
3. Altered articles of association
4. Optional attachment(s) - if any
Verification
To the best of my knowledge and belief, the information given in this form and its attachments is correct and complete.
| I have been authorised by the Board of directors' resolution number to sign and submit this form. | |
dated
(DD/MM/YYYY)
I further declare that the company has paid correct stamp duty as per applicable Stamp Act. To be digitally signed by
| Managing director or director or manager or secretary of |
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