Partly paid up shares

1214 views 7 replies

Dear All,

Please clarify the following.

wheather Partly paid up equity shares can be given voting right? if yes then, are the provisions same both in pvt. ltd. company and public limited company, though i have problem in Pvt. Ltd. Company.

 

Regards

Ashwin

Replies (7)

No Voting Right Allowed to Partly paidup Shares.

Every Member of the Company i.e. whose name is registered on the Register of Member shall be entitle to vote.


 

However, in case of voting  on poll, the voting rights are to be in proportion to his share of the paid up equity capital of the Company .Therefore, full voting right cannot be conferred in respect of partly paid up shares. [Ajit Singh v. DSS Enterprises P. Ltd.]

 

Further, section 181 provides that the Articles of the Company may provide that no member of the Company shall exercise any voting right in respect of the shares on which any call or other sums presently payable by him have not been paid or in regard to which the company has a right to lien and has exercised that right.

please refer section 87(1) of the companies act.

it will clear your doubt

I agree with Ms Pooja...

Thanks Ms.Pooja and all others for your views, but i have still one more doubt that is, mine is a pvt. ltd. company, so can i alter the articles accordingly and give partly paid up shares full voting rights. 

and if i do that will it be bypassing the provisions of law.

sec 87 is not applicable to pvt Co.

Therefore there is no need of complying with the propotionate voting right.

pvt co can have its own rule for voting.

Agreed with Miss Pooja !


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