issue of share at premium

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One of my client (Pvt. Ltd. Co.)issue share Face Value 10 and on Rs. 90 Rs. Premium . co. is a private limited company and it is newly formed. Now ITO Want justification For Rs. 90 premium per share . If you have any case law or justification please provide me.
Replies (8)

Hi Pawan...first of all a newly formed company cannot issue shares at premium.....and it shud be approved by SEBI......your company must have approval from SEBI and you can show the same to ITO....

 

Hi Friends......Please correct if i am wrong.......

 

Thanks

Dear Pawan Sir,

SEBI guidelines on issue at premium are not applicable to pvt and unlisted companies.

Justifications u can give ITO for issue at premium could include:

1. Reduce fees for ROC to increase the authorised capital (for filing MOA, Form 5)

2. Keeping the capital within authorised capital limit as per MOA.

3. Preventing dilution of control among shareholders by reducing no of shares issued

4. More capital for investments

5. Reducing finance charges by using less external funds

Dear Pawan, I agree with Friend G.K. G.K. good answer..

Thanks fr the appreciation amir bhai.. :)

Dear Pawan On what groungs is ITO asking justification as Share Premium is a Capital Receipt for the company and any co. to whom SEBi guidelines are not applicable are free to issue there shares at any price. So Please tell me on what ground is ITO wants Justification
Originally posted by : Pawan Singhal
One of my client (Pvt. Ltd. Co.)issue share Face Value 10 and on Rs. 90 Rs. Premium . co. is a private limited company and it is newly formed. Now ITO Want justification For Rs. 90 premium per share . If you have any case law or justification please provide me.
 

Pawan..

 

ITO shud concern wid only those matters which can be added to the income.. I dont think that he can ask for Premium Justification.. but i know that we cant object him practically..

 

So if u don't get any case law on this, then i suggest u to prepare an statement in which projection of future profit is incorpoarted n set ur EPS in such a way so that EPS*P/E Ratio will be equal to Rs 100 approx.. this way u can justify him...

 

I think, premium justification is just a tool for him for negotiation (i think u get my point)..

 

Adarsh

nice suggestion Adarsh. Most listed companies issue shares on the same basis. So you can also use the same concept.
Originally posted by : Aditya Maheshwari
nice suggestion Adarsh.

Most listed companies issue shares on the same basis. So you can also use the same concept.


Thanks for Appreciation Aditya Ji... Actually ROC has also asked the same query on e-filing of form2 in respect of share allotment..


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