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Companies Law - Highlights / Catch Notes

Home Highlights July 2022 Year 2022 This

Oppression and Mismanagement - Issue of Right Shares - ...


Directors Must Offer New Shares Proportionately to Existing Shareholders Under Companies Act, Section 62.

July 6, 2022

Case Laws     Companies Law     AT

Oppression and Mismanagement - Issue of Right Shares - subsequent Rights Issue during the pendency of 1st Rights Issue - gross under-subscription of the rights issue - `non-participation’ in the `Legitimate 1st Rights Issue’ - In terms of the ingredients of Section 62 of the Companies Act, 2013, the Directors have to offer further Shares issued, to the Shareholders who are on the Register of Companies and not to anyone else, and in fact, the Offer must be in the same proportion to all the Shareholders. It is to be remembered that there shall be no discrimination among them. - AT

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