Allotment of shares against the pending share application

Companies Act 2013 1594 views 8 replies

If a Company is having Share Application Money pending for Allotment since last 2 years and the Company had filed Return in Fomr DPT-4 in compliance with the provisison of the Companies Act, 2013. Now as per the amendment in Deposit Provision, the Company needs to either refund the Application Money or Allot the Shares against the same. If the Company wants to Allot the Securities against the said Application Money, which provision need to be complied with as the company is already in receipt of Share Application Money.

Kindly advice. 

Replies (8)

As per my understanding of Law:

Allot the shares in the Board Meeting itself by following  Sec 39 of the Companies Act, 2013.

......allot the shares to the concern person  from whom the Share application money is received.

 

Do we need to comply with the formalities relating to Approval of the issue before Allotment in BM or GM in compliance with the relevent provision of the Companies Act, 2013.

Can any other security other than Shares be issued against teh said Application Money????/ 

No need to follow other Sections or wanna to file PAS-4  and PAS - 5 and all..

 

Simply Board Resolution is enough.file PAS - 3 thats all.

There is no prior aprroval required like GM or BM..

see this notication dt. 31.03.2015

 

 

I am also having the same query.

Can we simply allot the share to the shareholder from whom share application is received and pending for allotment.

 

what is the procedure to be followed for allotment of share.

 

Please provide me with the suppoerting documet like resolution and list of allotee and all.

 

Since when the Share Appication money is pending in the account?

before 2013.

If Company had received share application amout before 31.03.2014 and it was pending to allot till 31.03.2015, then Compay had to refund it by 01st June, 2015. Please refer amendment in rules dated 31.03.2015.

Please refer link: https://www.mca.gov.in/Ministry/pdf/Acceptance_Deposits_AmendmentRules_01042015.pdf

If your company had not refunded before 01st June, 2015, then your company is at default.


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