(1) Where—
(a) a companyCompany means a company incorporated under this Act or under any previous company law altersAlter includes the making of additions, omissions and substitutions. its share2(84) Share means a share in the share capital of a company and includes stock capital in any manner specified in sub-section (1) of section 61;
(b) an order made by the Government under sub-section (4) read with sub-section (6) of section 62 has the effect of increasing authorised capitalAuthorised Capital means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company of a company; or
(c) a company redeems any redeemable preference shares, the company shall file a notice in the prescribed formRefer rule 15 and Form No. SH 7 of the Companies (Share Capital and Debentures) Rules, 2014. To view the rule,Click Here with the Registrar2(75) Registrar means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act within a period of thirty days of such alteration or increase or redemption, as the case may be, along with an altered memorandum2(56) Memorandum means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act.
(2)Substituted vide the Companies (Amendment) Act, 2019 dated 31.07.2019 w.e.f., 02.11.2018. To view the Amendment Act, Click Here. Where any company fails to comply with the provisions of sub-section (1), such company and every officer who is in default shall be liable to a penalty of five hundred rupeesSubstituted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 21.12.2020. To view the Act, Click Here. To view the commencement notification, Click Here. one thousand rupees for each day during which such default continues, subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default.Substituted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 21.12.2020. To view the Act, Click Here. To view the commencement notification, Click Here. or five lakh rupees whichever is less.
(2) If a company and any officer2(59) Officer includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act of the company who is in default contravenes the provisions of sub-section (1), it or he shall be punishable with fine which may extend to one thousand rupees for each day during which such default continues, or five lakh rupees, whichever is less.
4.1.15-Companies (Share Capital and Debentures) Rules, 2014
15. Notice to Registrar for alteration of share capital.-
Where a company alters its share capital in any manner specified in sub-section (1) of section 61, or an order is passed by the Government increasing the authorized capital of the company in pursuance of sub-section (4) read with sub-section (6) of section 62 or a company redeems any redeemable preference shares, or a company not having share capital increases number of its membersInserted vide Companies (Share Capital and Debentures) Third Amendment Rules, 2016.To view the rule,Click Here, the notice of such alteration, increase or redemption shall be filed by the company with the Registrar in Form No. SH.7 Substituted vide MCA Notification dated 21.01.2023. To view the notification, Click Here. To view the return, Click Here To view the return,Click Here along with the fee.
Commencement Notification under Companies (Amendment) Act, 2020 dated 21.12.2020
Companies (Amendment) Act, 2020 dated 28.09.2020
Companies (Share Capital and Debentures) Second Amendment Rules, 2020 dated 24.12.2020
Companies (Share Capital and Debentures) Third Amendment Rules, 2016 [GSR 704(E)] dated 19/07/2016
Enforcement Notification S.O. 902(E) dated 26/03/2014
MCA Notification dated 21.01.2023 regarding Companies (Share Capital and Debentures) Amendment Rules, 2023
The Companies (Amendment) Act, 2019 dated 31.07.2019
The Companies (Amendment) Ordinance, 2018 dated 02.11.2018 [repealed vide the Companies (Amendment) Ordinance, 2019]
The Companies (Amendment) Ordinance, 2019 dated 12.01.2019 w.e.f., 02.11.2018