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Alternation of capital clause

Corporate & Other Laws

Sir, In the lecture of alteration of capital clause in incorporation of companies chapter it was told that central government authorization was required for alteration in capital clause however in Munich bhandari law guide it is told that alteration of Capital clause doesn't require central government authorization. Plz refer first point in the second screenshot and do clarify on the same.

IMG_20200509_182750.jpg
IMG_20200509_182740.jpg

Venkateshwara Prabhu

Venkateshwara Prabhu

CA Inter

16K+

09-May-20 18:35

406

Answers (5)

And in the book it is mentioned that ordinary resolution is to be passed rather than special resolution... For the above point plz refer 1st screenshot .


Thread Starter

Venkateshwara Prabhu

Venkateshwara Prabhu

CA Inter

16K+

09-May-20 18:46

I just went through the lecture. It is mentioned intimation to CG and not approval. A special resolution is required for alteration of articles if the same does not have provision for alteration of capital clause.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

09-May-20 19:10

CA Suraj Lakhotia Admin

I just went through the lecture. It is mentioned intimation to CG and not approval. A special resolution is required for alteration of articles if the same does not have provision for alteration of capital clause.

Sir, if alternation of capital clause is not mentioned in articles of association then company should pass a special resolution on allowing the same. After that should the company again pass an ordinary resolution for alteration of capital clause to the amount they want?


Thread Starter

Venkateshwara Prabhu

Venkateshwara Prabhu

CA Inter

16K+

09-May-20 19:14

CA Suraj Lakhotia Admin

Yes

Ok sir thank you


Thread Starter

Venkateshwara Prabhu

Venkateshwara Prabhu

CA Inter

16K+

09-May-20 21:31

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