Pas 4 & 5 for preferene share by listed company

Desai (CS) (329 Points)

16 September 2016  

Fact :

Listed Company have issued Non-cumulative , Non-convertible Preference shares to other than promoters and existing members.

 

As per Section 42 (7) of Companies Act, 2013 we have to file PAS 4 and PAS 5 to ROC and SEBI within 30 days of circulation of relevant Private Placement Offer Letter.

 

Query

 

1) Pls suggest whether PAS 4  & 5 also applicable to issue of preference shares on private placement

 

 

2)  If yes , is it require to file to SEBI also ??as there are no earlier pref.share capital and these pref.shares are also not going to be listed

 

Pls suggest