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Companies Law - Highlights / Catch Notes

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Redemption of preference shares - failure of the company to ...


Preference Shareholders Can Seek Redemption and Class Action Under Companies Act; NCLT May Intervene Using Rule 11 Powers.

April 14, 2020

Case Laws     Companies Law     AT

Redemption of preference shares - failure of the company to redeem or to pay dividend - The preference shareholders are not remediless and for redemption of preference share can file application under Section 55(3) of the Companies Act, 2013. They may also file application under Section 245 of the Companies Act, 2013 as a class action suit and the NCLT while exercising the inherent power viz. Rule 11 of NCLT Rules, 2016 can pass appropriate order - AT

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