Issuance of bonus shares to preference shareholders only

Vivek (Associate) (26 Points)

09 August 2016  

Dear Sirs, Is it possible for a Company to issue Bonus Shares only to the Preference Shareholders of the Company? In this scenario, can a argument be valid that Preference Shareholders constitute a class in themselves and issuance of bonus shares ONLY in favour of the Preference Shareholders (disregarding the equity shareholders of the Company) will not amount to selective issuance of bonus shares. It is notable that section 63 of the Companies Act specifies " A company may issue fully paid-up bonus shares to its members, in any manner whatsoever". The term members shall include both the equity and the preference shareholders. Additionally, can a selective issuance of bonus shares be undertaken by a Company, like reliance power did selective issuance of Bonus Shares in 2008, however, there are divided legal views over such issuance.