Company Law : A detailed roadmap explaining the legal framework, procedural steps, and compliance requirements for issuing CCPS through private ...
SEBI : SEBI held that post-allotment down-selling of privately placed debt securities to more than 200 investors changes their legal char...
Company Law : A summary of Non-Convertible Debentures (NCDs) as a corporate financing tool, detailing the process for private placement, regulat...
Company Law : Understand the rules of private placement under the Companies Act, 2013, including the 200-person limit, procedures, and penalties...
Company Law : Understand the distinctions and convergence of private placement (Section 42) and preferential allotment (Section 62(1)(c)) under ...
Income Tax : A bill enabling the State Bank of India (SBI) to split its shares and issue bonus shares may be placed in the current winter sessi...
Income Tax : The Taxpayer incurred interest expenditure on the funds borrowed for investing in shares of a company, with a view to acquire cont...
Company Law : ROC Pune held that procedural lapses in a private placement issue related to one integrated transaction and did not warrant multip...
Company Law : ROC Pune held that procedural lapses in a private placement involving one investor formed part of a single integrated transaction ...
Company Law : ROC Pune penalized a company and its directors for delayed filing of e-Form PAS-3 relating to private placement allotment under Se...
Company Law : ROC Pune penalized a company and its directors for utilizing private placement funds before filing return of allotment under Secti...
Company Law : The issue involved alleged violation in handling share application money under company law. The ruling held that maintaining funds...
MEANING :- Private Placement means any offer or invitation to subscribe or issue of securities to a selected group of persons by a company (other than by way of public offer) through Private Placement offer-cum-application, which satisfies the conditions specified in Section 42 of the Companies Act, 2013. Preferential Allotment means issue of shares or […]
Article covers Compliance related to issue of Non – Convertible Debentures (NCD) by Private Placement which includes procedures, Post issuance Compliances etc. under Companies Act, 2013 and SEBI (Listing Obligation and Disclosures Requirements) Regulations, 2018.
I. PRIVATE EQUITY INVESTMENTS 1. HISTORY OF PRIVATE EQUITY– ♦ Private Equity (here-in-after referred to as “PE” for brevity purposes) has hoarded the mainstream spotlight only in the last three decades. ♦ JP Morgan is said to have conducted the first leveraged buyout (LBO) of Carnegic Steel Corporation. ♦ PE firms remained on the sidelines of the […]
Sec-42 of Companies Act, 2013 and Rule-14 of Companies (Prospectus and Allotment of Securities) Rules, 2014: An Overview ♦ Procedure in brief for issue of securities on Private Placement basis: 1. Convene Board Meeting: To issue approval for issue of securities To identify persons to whom securities be allotted To approve the Draft and record […]
Issue of Share Capital Private Placement (Procedure And FAQ As Per Companies Act 2013) ISSUE OF CAPITAL- PRIVATE PLACEMENT OF SHARES A private placement is a mode of raising of capital that involves the sale of securities to a relatively small number of selected investors. A private placement is different from a public issue in […]
As I have already discussed the provisions relating to Debentures in my earlier article series. In this article I will share the complete process of issue of debenture under Companies Act 2013. Work required to done before calling of Meeting: Identify the person to whom you will issue Debentures. Prepare the list of such persons to whom offer to subscribe debenture will give. Prepare Draft offer letter under PAS-4. Identify the debenture trustee (in case of offer for subscription is for more than 500 persons). If there is requirement to appoint Debenture Trustee, then obtain the consent of such debenture trustee. Ask the details from the Bank to open separate Bank Account.
कम्पनीज एक्ट 2013 में सिक्योरिटीज इशू करने के उपर बहुत सारे बदलाव किये गए है, अब यदि एक प्राइवेट लिमिटेड कंपनी भी सिक्योरिटीज इशू करना चाहती है तो प्राइवेट प्लेसमेंट प्रोसीजर को फॉलो करना होगा. प्राइवेट कंपनी निम्न दो तरीके से सिक्योरिटीज इशू कर सकती है(धारा 23 ऑफ़ कम्पनीज एक्ट 2013):- Right Share या Bonus Share इशू करके या प्राइवेट प्लेसमेंट प्रोसीजर को फॉलो करके
Under Section 81 (1A) of the Companies Act, a public company may make a preferential allotment of shares only by passing a special resolution in a general meeting. On 24 May 2011 the Ministry of Corporate Affairs has issued a new set of draft rules [Unlisted Public Companies (Preferential Allotment) Rules, 2011] to replace the Unlisted Public Companies (Preferential Allotment) Rules, 2003. The draft rules which provide for greater compliance and disclosure requirements are open for public comments upto 20 June 2011.
In exercise of the powers conferred by sub Section (1-A) of Section 81 of the Companies Act 1956 read with Section 642 of the said Act, the Central Government hereby makes the following rules in supersession of unlisted Public companies (Preferential Allotment) Rules, 2003. 1. Short Title and Commencement -(i) These rules may be called Unlisted Public Companies (Preferential Allotment and Private Placement) Rules 2011 (ii) They shall come into force on the date of their publication on official Gazette.
The Taxpayer incurred interest expenditure on the funds borrowed for investing in shares of a company, with a view to acquire controlling interest. The ITAT held that the interest expenditure incurred is not allowable under Section 57(iii)(Section) of the Indian Tax Law (ITL), since it is not incurred ‘wholly and exclusively’ for the purpose of earning dividend income.
