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Dividend declaration - divdend in kind by pvt.ltd co possibe

Companies Act 2013 519 views 1 replies

Dear Professionals,

 

Can a India Pvt. Ltd Company declare dividend and pay in kind or adjust the dividend against outstandings of shareholders (parent company which is holding 100% of its shares and what if parent is foreign compnay).  Advise / Comments with reference to relevant provisions to new companies act 2013 or rules 2013 or any other act like FEMA or Income tax Act.

Thanks & Regards

Replies (1)

Sec.123(5) of CA 2013 clearly provides that dividend shall  not be payable except in cash.  Further, Sec.123(4) also clearly provides that dividend shall be deposited in a separate Bank account (hence cannot be  adjusted against dues of shareholders).  There is no scope of any doubt on this.

 


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