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Issue Of Share

The issuance of shares is the process by which companies allocate new shares to shareholders, who may be either individuals or corporate entities. This process is conducted in compliance with the regulations outlined in the Companies Act 2013. The three fundamental steps involved in issuing shares are the issuance of a prospectus, receipt of applications, and allotment of shares. The creation and distribution of new shares are collectively referred to as allocation or allotment.

Issue of Shares – Equity and Preference Shares

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OVERVIEW - Issue Of Share

What is Annual Compliance For a One person Company?

The issuance of shares is the process by which companies distribute new shares to shareholders, who may be either individuals or corporate entities. This process is carried out in accordance with the regulations set forth in the Companies Act 2013. The three fundamental steps involved in issuing shares are the issuance of a prospectus, receiving applications, and allocating shares.

A key characteristic of a company’s capital structure is that the amount payable on its shares can be collected in gradual instalments over time, depending on its evolving financial needs. The first instalment, known as application money, is collected at the time of application. The second instalment, referred to as the allotment money, is due upon share allocation. Subsequent instalments are called first call, second call, and so forth, with the final instalment designated as the final call. However, this staged collection process does not prevent a company from demanding the full payment for shares at the application stage if desired.

The key steps involved in the process ofIssue Of Share are as follows:

  1. Issuance of Prospectus: The company first issues a prospectus to the public, serving as an invitation for investment. The prospectus announces the establishment of the company and its need for funds to operate the business. It provides comprehensive details about the company, including how funds will be raised from potential investors.
  2. Receipt of Applications: Once the prospectus is made public, interested investors who wish to subscribe to the company’s share capital submit their applications along with the required application money. This amount is deposited in a scheduled bank as specified in the prospectus.
  3. Allocation of Shares: After the minimum subscription requirement is met, shares can be allotted. Due to frequent oversubscription, shares are generally allocated on a pro-rata basis. Letters of Allotment are issued to successful applicants, formalizing the agreement between the company and the investor. This marks the investor’s official entry as a shareholder in the company.

Types of Issue Of Share

Preference Shares

Preference shares are a type of share that grants shareholders two key preferential rights over equity shares:

  1. Priority in Dividend Payments: Preference shareholders have the right to receive dividends before equity shareholders. These dividends are usually paid at a fixed rate based on the nominal value of the shares.
  2. Priority in Capital Repayment: In the event of company liquidation, preference shareholders are paid before equity shareholders, ensuring they recover their capital investment first.

Apart from these two preferential rights, preference shares function similarly to equity shares. Holders of preference shares have voting rights but only on matters that directly impact their rights or obligations.

Preference shares can be categorized into different types based on their features:

  • Redeemable or Irredeemable: Redeemable preference shares are repurchased by the company after a specific period, whereas irredeemable shares are not.
  • Participating or Non-Participating: Participating preference shareholders are entitled to additional profits after dividends are paid, while non-participating shareholders receive only the fixed dividend.
  • Cumulative or Non-Cumulative: Cumulative preference shares allow unpaid dividends to accumulate and be paid later, whereas non-cumulative shares do not carry forward unpaid dividends.

Equity Shares

Equity shares are those that do not carry any preferential rights, unlike preference shares. Instead, they represent ownership in the company and entitle shareholders to a share of its profits and decision-making process.

Key characteristics of equity shares include:

  • Variable Dividend: The dividend paid to equity shareholders is not fixed and depends on the company’s financial performance. The Board of Directors determines the dividend amount each year. If no dividend is declared in a particular year, shareholders do not receive any compensation, as equity dividends do not accumulate.
  • Voting Rights: Equity shareholders have voting rights proportional to their shareholding, following the “one share, one vote” principle. Unlike preference shares, equity shares must include full voting rights, as non-voting equity shares are not permitted.

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