Company Law : Explore the nuances between Preferential Allotment and Private Placement in corporate financing. Understand their differences in r...
Company Law : Step-by-step guide on issuing equity shares through private placement, including timelines, required documents, and regulatory com...
Company Law : Learn about Private Placement under Section 42 of the Companies Act, 2013 and its rules & forms. Understand the investment thresho...
CA, CS, CMA : Discover the seamless process for A Listed Company issuing Non-Convertible Debentures (NCD) on a private placement basis. Learn ab...
Company Law : Learn about private placement in companies, including its regulations, conditions, and compliance requirements. Understand the adv...
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 : The MCA has penalized Richesm Healthcare Limited for making private placement offers without closing previous ones. Learn more abo...
Company Law : The facts of case reveal that Ambium Finserve issued debentures on a private placement basis without completing first allotment, w...
Company Law : Government imposes Rs. 2.89 crore penalty on Mayasheel Retail India for violating private placement rules. Explore the case detail...
Company Law : Ministry of Corporate Affairs fines Planify Capital Ltd. Rs. 7 Crore for breaching Companies Act with unauthorized securities issu...
Company Law : MCA imposes penalty on Motisons Jewellers Ltd for issuing private placement offer before filing special resolution. Detailed analy...
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.
