Central Government hereby makes the Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014

Effective Date: October 02, 2018.

As per MCA Circular dated September 10, 2018, MCA amended the Companies (Prospectus and Allotment of Securities) Rules, 2014 by inserting Section 9A: Issue of securities in dematerialised form by unlisted public companies after Rule 9.

Applicablity of  this Rule

1. Public Unlisted Company

2. Deemed Public Company

This rule shall not apply to an unlisted public company which is:-

(a) a Nidhi;

(b) a Government company or

(c) a wholly owned subsidiary 

Rule 9 A Issue of securities in dematerialised form by unlisted public companies provide the following

1. Issue and Demat of existing securities:

These companies in which rule are apply, it is mandatory to issue their securities in dematerialized form on or after October 02, 2018 and facilitate the dematerialisation of its existing securities in accordance with Depositories Act, 1996

2. Holding of Such Person has been Dematerialised

Before making any offer of securities or buyback or bonus issue or right issue , Entire holding of Following class of person (Promoters, Directors and KMP)  has been dematerialized

Applicability of Form PAS-6:

1. Unlisted Public Companies.

2. PAS 6: Applicable with effect from July 15, 2020.

3. Form PAS-6 is a half yearly audit report on reconciliation of share capital which is to be signed by a Practicing Company Secretary / Chartered Accountant.

4. All information shall be furnished within 60 days from the end of each half year   (30th September/31st March) for each ISIN separately. 

Key Details of the Form PAS-6:

-ISIN(International Securities Identification Number)

-Period for which return is filling.

-Details of capital of the Company.

S.No Particulars No. of Shares Percentage of Total issued Capital
a Issued Capital
b Held in Demarialised Form in CSDL
c Held in Demarialised Form in NSDL
d Held in Physical Form
e Total No. of Share (b)+(c)+(d)

-Reasons for difference if any in (a) and (e)

-Details of changes in Share Capital during the half –year under due to any:

1. Right Issue

2. Bonus Issue

3. Private Placement

4. ESOPs

5. Amalgamation

6. Conversion

7. Buy Back

8. Capital Reduction

9. Forfeiture

10. Or any other

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