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Earlier Provision:

MCA vide it’s notification dated September 10, 2018 inserted Rule 9A in Companies (Prospectus and Allotment of Securities) Rules, 2014, making it mandatory for all the unlisted public companies to dematerlize it’s securities w.e.f. October 2, 2018 without any exemption to Nidhi Company or Government Company (unlisted public company).

MCA on 22nd January, 2019 has published Companies (Prospectus and Allotment of Securities) Amendment Rules, 2019. By these amended rules “in rule 9A, after sub-rule (10)” follow new rules inserted

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.”

I. Whether Nidhi Company as a public Company required getting its securities dematerlize?

W.e.f. 22nd January, 2019 MCA has given exemption to Nidhi Companies from the provisions of dematerialization. Therefore, one can opine that Nidhi Company don’t required to get its share in Demat.

Also ReadImpact of “Demetralization of Securities” of Public Limited Company

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Author Bio

CS Divesh Goyal is Fellow Member of the Institute of Companies Secretaries and Practicing Company Secretary in Delhi and Steering Voice in the Corporate World. He is a competent professional having enrich post qualification experience of a decade with expertise in Corporate Law, FEMA, IBC, SEBI, View Full Profile

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8 Comments

  1. Rohit Darji says:

    Dear Sir

    Thank you for the sharing knowledge
    If we appoint Whole Time Director for 5 year and remuneration will change time to time with approval of Board of Directors in Board Meeting.
    My question is whether we required shareholder approval for change/alter in remuneration.

  2. VAISHNAVEE says:

    Thank Tou Sir For this Article and format which is provided by you.
    I have a question – If a director of a company wants to purchase shares of that company, can he do so? and if yes please mail me the procedure of it.

  3. DK Mulla says:

    I have been incorprate LLP on 3rd Jan 2018.
    Please guide I have to file income tax return for 3 month till 31-03-2018 or can we file 15 month combined with next year ?

  4. Trupti says:

    If your company falls under the category of “Exempted Companies” then right issues can be done in physical mode.

    Query:

    If a Company has already obtained ISIN and falls under the exempted category then:

    1. Does it needs to submit half yearly report ?
    2. Can i transfer physical shares ?

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