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The Companies Act, 1956

Share Capital and Debentures (82 to 123)

Section 94A Share capital to stand increased where an order is made under section 81(4).

Section 94A Share capital to stand increased where an order is made under section 81(4). 

(1) Notwithstanding anything contained in this Act, where the Central Government has, by an order made under sub-section (4) of section 81, directed that any debenture or loan or any part thereof shall be converted into shares in a company, the conditions contained in the memorandum of such company shall, where such order has the effect of increasing the nominal share capital of the company, stand altered and the nominal share capital of such company shall stand increased by an amount equal to the amount of the value of the shares into which such debentures or loans or part thereof has been converted.

(2) Where, in pursuance of an option attached to debentures issued or loans raised by the company, any public financial institution proposes to convert debentures or loans into shares in the company, the Central Government may, on the application of such public financial institution direct that the conditions contained in the memorandum of such company shall stand altered and the nominal share capital of such company shall stand increased by an amount equity to the amount of the value of the shares into which such debentures or loans or part thereof has been converted.

(3) Where the memorandum of a company becomes altered, whether by reason of an order made by the Central Government under sub-section (4) of section or sub-section (2) of this section, the Central Government shall send a copy of such order to the Registrar and also to the company and on receipt of such the company shall file in the prescribed form, within thirty days from the date of such receipt, a return to the Registrar with regard to the increase of share capital and the Registrar shall, on receipt of such order and, return, car out the necessary alterations in the memorandum of the company.