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Relevant company law provisions for increase in Authorised Share Capital

Increase in Authorized Share Capital (ASC) is governed by the following sections of The Companies Act, 2013:- To increase in ASC, company need to alter its Memorandum of Association(MoA) and Articles of Association(AoA) as the case may be.  Check the AoA of the Company to verify whether necessary authority/powers is there to increase the ASC of the Company. If such authority is not provided for in the AoA, then the provisions in AoA has to be amended to include provisions authorising the company to increase its share capital. Such amendment could be done by passing of Special Resolution. And, if the articles permit and company need to alter the capital clause of MoA. As per section 13 of The Companies Act, 2013, alteration in MoA i.e., alteration in any of its five clauses need to pass the special resolution by the company. But there is one exception, alteration in capital clause of the MoA is as per the section 61 of the law.  In legal langu...