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Issue of shares by private limited

Ashish Jain (CA Final) (120 Points)

10 February 2016

Whether Private Limited Company can issue Shares to the public.

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RISHABH ARORA (Company Secretary in Practice ) (194 Points)
Replied 10 February 2016

(68) “private company” means a company having a minimum paid-up share capital of one lakh rupees or such higher paid-up share capital as may be prescribed, and which by its articles,—

(i) restricts the right to transfer its shares;

(ii) except in case of One Person Company, limits the number of its members to two hundred:

Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member:

Provided further that—

(A) persons who are in the employment of the company; and

(B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and

(iii) prohibits any invitation to the public to subscribe for any securities of the company;

Only way to issue shares to public can be done through Renouncement of Shares under Right Issue of Shares.