"If a company does not receive minimum subscription, it should refund money received from applicants within such time as may be prescribed". Explain the above statement with suitable comments.

CS Executive · Company Law · PYQS · June 2019
"If a company does not receive minimum subscription, it should refund money received from applicants within such time as may be prescribed". Explain the above statement with suitable comments.

Answer & Explanation:

According to section 39 of the Companies Act, 2013 , allotment of any securities of a company offered to the public for subscription shall be made only when the amount stated in the prospectus as the minimum amount has been subscribed and the sums payable on application for the amount so stated have been paid to and received by the company by cheque or other instrument. The amount payable on application on every security shall not be less than five per cent of the nominal amount of the security or such other percentage or amount, as may be specified by the Securities and Exchange Board of India (SEBI) by making regulations in this behalf. Refund of money In cases where the stated minimum amount has not been subscribed and the sum payable on application is not received within a period of thirty days from the date of issue of the prospectus, or such other period as may be specified by SEBI, the amount received as above shall be returned. The application money shall be repaid within a period of fifteen days from the closure of the issue and if any such money is not so repaid within such period, the directors of the company who are officers in default shall jointly and severally be liable to repay that money with interest at the rate of fifteen percent per annum. The application money to be refunded shall be credited only to the bank account from which the subscription was remitted.

Topics: Public Offer and Allotment

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