Companies Act, 1956
Sec 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 such 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 equal 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 81 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 order, 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, carry out the necessary alterations in the
memorandum of the company.