Allotment of preference shares

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Dear All,

One of unlisted public company received share application money on 20.03.2014 and sent notice of EGM to members on 22.03.2014 for obtaing approval of members for preferential issue and conducted EGM on 15.04.2014 and filed PAS 3 in three trenches 20.04.2014, 25.04.2014 and 05.04.2014 with in 60 days as authorised in EGM.

since money already received by the company before 31.03.2014, company has not filed PAS 4 and PAS 5 and not opened separate account as required under section 42 of the companies Act, 2013, does it amount to violation of law

Replies (1)

No, considering spirit of Sec.465(2), which though not yet notified, resolution passed under CA 1956 will still be valid.  You can also refer attached PAS-3 filed by Reliance Industries Ltd for allotment made in April 2014 against resolution passed u/s 81 in the year 2006.

 

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