Increasing the Share Capital of the Private Company

Dear Experts,

 

A Private Limited company having a share capital of 2 Lakh, want to increase its capital. As it is a private company, section 81 is not required to be followed, I guess. So the company can issue the shares to some new members, or issue it to the existing members in a different proportion... right? 

 

Does a shareholder has the right to demand that he want that particular % of shares? 

 

Who decides the issued new capital's share pattern? The board? Or a General Meeting which approves the capital expansion?

 

Thanks and Regards,

ArchAngel

Replies (7)

THE BOARD OF DIRECTORS

Thank you Sameer,

Can you also give me some insights on the other questions i've aked like, the right of a shareholder to demand % of shares?

 

thanks and regards,

ArchAngel.

In my view no shareholder can demand % of share...it is all depends on the board of director's resolution..wait for more replies for confirmation.
 

Thank you Sameer :)

 

- ArchAngel

For increasing the Authorised Share Capital of the Company, shareholders approval in a General Meeting is required.  However if the increase is within the authorised share capital then Board Resolution is sufficient.

 

As regards allotment of new shares, please go through the provisions contained in Articles of Association of the Company.  Many private companies put a clause in their AOA that any new shares shall be offered  to the existing shareholders first before offering to outsiders. Again if it's a private company, there is a restriction in inviting public to subscribe for the shares.  However private placements are permitted.

CAN ANYONE HELP ME TO DRAFT BOARD RESOLUTION FOR INCREASE OF PVTM LTD SHARE CAPITAL WHAT IS THE PROCEDURE ?

                                                                                                          -PNP

CAN ANYONE HELP ME TO DRAFT BOARD RESOLUTION FOR INCREASE OF PVT LTD SHARE CAPITAL WHAT IS THE PROCEDURE ?

                                                                                                          -PNP

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