Can preference shareholder be a memeber of company?

Others 5993 views 9 replies

Can Preference Shareholder be a member of company?

Replies (9)

@ Raksh*t, there are two types of members 1.Equity and the other one is 2.Preference share holder

Section 41 deals with definition of member which provide as under:—


(i) The subscribers of the Memorandum of a company shall be deemed to have agreed to become members of the company, and on its registration, shall be entered as members in its register of members.


(ii) Every other person who agrees in writing to become a member of a company and whose name is entered in its register of members, shall be a member of the company.


(iii) Every person holding equity share capital of a company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

Section 41 deals with definition of member which provide as under:—


(i) The subscribers of the Memorandum of a company shall be deemed to have agreed to become members of the company, and on its registration, shall be entered as members in its register of members.


(ii) Every other person who agrees in writing to become a member of a company and whose name is entered in its register of members, shall be a member of the company.


(iii) Every person holding equity share capital of a company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

Section 41 deals with definition of member which provide as under:—


(i) The subscribers of the Memorandum of a company shall be deemed to have agreed to become members of the company, and on its registration, shall be entered as members in its register of members.


(ii) Every other person who agrees in writing to become a member of a company and whose name is entered in its register of members, shall be a member of the company.


(iii) Every person holding equity share capital of a company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

Section 41 deals with definition of member which provide as under:—


(i) The subscribers of the Memorandum of a company shall be deemed to have agreed to become members of the company, and on its registration, shall be entered as members in its register of members.


(ii) Every other person who agrees in writing to become a member of a company and whose name is entered in its register of members, shall be a member of the company.


(iii) Every person holding equity share capital of a company and whose name is entered as beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

Yes, preference Shareholders are the members of the Company and hence the entry thereto should be made in the Register of Members.

Yes, preference Shareholders are the members of the Company and hence the entry thereto should be made in the Register of Members.

Point 1 and point 2 of sec 41 doesn't include prefernce shareholder specifically.

Point 3 has only equity shareholder, and benificial holder in depository.

Then how can it be said that preference shareholder is a member of a company?
 

Charu is right.

Preference share holders are also the members of the company and needs to be entered in the Register of Members.

They are also shareholders of the company and they receive dividend. The only difference is with respect to their preferential rights. In the Schedule V Format (annual return) we have to give total number of members. Since preference shareholders are also members, their number also has to be included therein.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details