Issue of preference shares under companies act 2013

4064 views 3 replies
Dear All,
 
Can Company issue Preference Shares to its existing Preference Shares Holders under Section 62(1) (a) under Rights Issues of Companies Act, 2013 by issuing letter of offer to the existing prefer share holder through electronic mode and then pass board resolution and issue shares to the existing preference shareholders and utilize money towards allotment of shares, if yes, please let me know detailed procedure and time required to comply.
 
2)     If Preference Shares cannot be issued under Rights issue, so do we need to follow length procedure of Section 55 of Companies Act, 2013 read with  Rule 9 of Companies (Share Capital and Debentures) Rules, 2014 for every allotment of Preference Shares, coz in our company we use to do  allotment as and wen company required money for project ? Wat will be list of documents if aforesaid section is required to be followed and time limit required for same.
 
Replies (3)

In my view it will not be treated as Right Issue. Because for right issue, new shares have to be offered to existing equity holders in proportion their shareholding. So you have to full compliance of section 42, 55 & 62.

Can a Company issue Preference Shares on Rights basis persusant to section 62 of Companies Act, 2013. 

As per section 62(1) whenever a company proposes to increase its subscribed share capital, such shares shall be offered to existing equity shareholders in proportion to the paid up equity capital. so if company wants to issue preference shares then such shares shall be offered to existing equity shareholders. 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details