Ankur Garg
Company Secretary and Compliance Officer
[ Scorecard : 75563]
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Posted On 24 September 2009 at 12:33
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In a public company’s shareholding pattern there are 10 shareholders. Is it possible to issue bonus shares to only 4 members with the consent of all members through a general meeting?
Or is it necessary to issue bonus shares to all 10 shareholders?
Company is authorised by its articles to issue bonus shares.
This is one of my friend’s query and he is not satisfied with my answer. I urge you all to provide some solution.
Thanks & Regards
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Ankur Shah
Law Manipulator
[ Scorecard : 2632]
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Posted On 24 September 2009 at 15:45
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Company can not do like that. Comany has to issue the Bonus shares to all the shareholders.
Because In eyes of the law, Every shareholder is equal.
However. It is possible that other 6 Shareholder gave away their right to bonus shares.
As happened in the Reliance Power recently.
Total thanks : 1 times
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Ankur Shah
Law Manipulator
[ Scorecard : 2632]
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Posted On 24 September 2009 at 15:48
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In your case, You can do the following.
(1) Pass resolution giving the bonus shares to all.
(2) At the time of Exercising the Bonus Issue option, the other 6 Shareholder will not exercise the option (It is one kind of consent)
(3) Remaining 4 shareholder will exercise the option.
So, Your problem will be solved & Your freind will also be satisfied.
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Ankur Garg
Company Secretary and Compliance Officer
[ Scorecard : 75563]
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Posted On 25 September 2009 at 10:45
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Thanks for your kind help. Now i can easily convince my friend with the help of reliance power example. As i fail to convince him by legal or logical arguments.
But what do you think procedure mentioned in your II reply s enough as far as ROC is concerned.
Regards
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Ankur Shah
Law Manipulator
[ Scorecard : 2632]
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Posted On 25 September 2009 at 19:17
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Yes, Procedure mentioned in 2nd reply is enough as far as ROC is concerned.
Because Reliance have already done It.
And The act says the Issue of Bonus Shares to the shareholders. Act has nowhere mentioned that the Person has to take the bonus shares compulsorily. It is person's own choice, whether to take the bonus shares or not.
Some person doesn't want to take the shares because of the Income Tax Management or They want to help the company indirectly.
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Ankur Garg
Company Secretary and Compliance Officer
[ Scorecard : 75563]
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Posted On 26 September 2009 at 10:19
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Okay. Thanks you very much.
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Ekta
CS Student
[ Scorecard : 255]
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Posted On 28 September 2009 at 19:08
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Very Interesting Topic sir...
SIr, I hev one doubt, should we take No Objection Letter from the share holders who waive their bonus shares or not taking the bonus shares, to avoid future consequences???
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Ankur Shah
Law Manipulator
[ Scorecard : 2632]
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Posted On 28 September 2009 at 23:35
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Yes, You can take NOC from the other shareholders & will keep it in the company for future reference/consequence purpose and/or can file the same to any authority.
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CA. Shwetank Vats
Chartered Accountant
[ Scorecard : 646]
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Posted On 09 October 2009 at 17:00
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Ankur sir,
Very logically clear this point by you.
Can U provide me the current procedure of Demate of Share Certificate which are physically in our hand
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Ankur Garg
Company Secretary and Compliance Officer
[ Scorecard : 75563]
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Posted On 09 October 2009 at 17:53
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Procedure for Dematerialization
To dematerialize any physical security:
a) open a demat account with a DP.
b) fill in a DRF (Demat Request Form) and submit the same with the physical certificate/s to the DP for dematerialization.
c) DP defaces and sends the certificates to the Issuer/Registrar who credits an equivalent number of securities in the demat account, maintained by CDSL.
d) For each ISIN, a separate DRF has to be used.
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