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Querist : Anonymous

Querist : Anonymous (Querist)

10 October 2010 1)What is the difference between company with share capital and without share capital?
2)What is company limited by guarantee?
3)What is sweat equity shares?

Ajay Mishra

Ajay Mishra (Expert)
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11 October 2010 Hi

Such a company may be either -

(a) a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them (in this Act termed "a company limited by shares");

(b) a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake by the memorandum to contribute to the assets of the company in the event of its being wound up (in this Act termed "a company limited by guarantee"); or

(c) a company not having any limit on the liability of its members (in this Act termed "an unlimited company").

Regards

Ajay Mishra

Ajay Mishra (Expert)
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11 October 2010 Hi

79A. Issue of sweat equity shares
1[79A. Issue of sweat equity shares

(1) Notwithstanding anything contained in section 79, a company may issue sweat equity shares of a class of shares already issued if the following conditions are fulfilled, namely:-

(a) The issue of sweat equity shares is authorised by a special resolution passed by the company in the general meeting;

(b) The resolution specifies the number of shares, current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued;

(c) not less than one year has, at the date of the issue elapsed since the date on which the company was entitled to commence business;

(d) the sweat equity shares of a company whose equity shares are listed on a recognised stock exchange are issued in accordance with the regulations made by the Securities and Exchange Board of India in this behalf;

Provided that in the case of a company whose equity shares are not listed on any recognised stock exchange, the sweat equity shares are issued in accordance with the guidelines as may be prescribed.

Explanation I.- For the purposes of this sub-section, the expression "a company" means the company incorporated, fanned and registered under this Act and includes its subsidiary company incorporated in a country outside India.

Explanation II.- For the purposes of this Act, the expression "sweat equity shares" means equity shares issued by the company to employees or directors at a discount or for consideration other than cash for providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called.

(2) All the limitations, restrictions and, provisions relating to equity shares shall be applicable to such sweat equity shares issued under sub-section (1).]

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