A group of four friends who had applied and were allotted shares in joint names required the company to enter all their names in the register of members. Further, they also required the company to split the total shares
CS Executive · Company Law · PYQS · December 2021
A group of four friends who had applied and were allotted shares in joint names required the company to enter all their names in the register of members. Further, they also required the company to split the total shares held by them into four equal number and requested the Company to enter each of their names as the first name and other three names in the order they specified. The company refused to accept their request stating that the Articles of Association of the Company (AoA) does not have a specific provision for doing so, while the AoA did not provide otherwise too. Comment.
Answer & Explanation:
If more than one person apply for shares in a company and shares are allotted to them, each one of such applicant becomes a member [Narandas v. India Mfg. Co., A.I.R. 1953 Bom. 433]. Unless the Articles of the company otherwise provide, joint members can insist on having their names registered in any order they may require. They may also have their holding split into several joint holdings with their names in different orders so that all of them may have a right to vote as first named holding in one or the other joint holdings (Burns v. Siemens Brothers Dynamo Works Ltd. (1919) 1 Ch. 225). In the given case since AoA did not restrict specifically the entering of joint names in the register of members or having a split in shares and entering each of the joint holders name as the first holder, the company is bound to accept their claims and cannot refuse it.
Topics: Members and Shareholders
Related Questions in this Topic
- Suresh, the statutory auditor of A Ltd., during the course of the audit detected a fraud against the company by an emplo...
- Examine the validity of Tribunal's order to wind up the company in the following circumstances: Petition is presented by...
- Examine the validity of Tribunal's order to wind up the company in the following circumstances: The registrar has presen...
- A compromise is proposed between Jay Chemicals Ltd. and its creditors. The Tribunal on an application from the creditors...
- The name of Orient Builders Private Ltd. was struck off by the Registrar of Companies on the application of the company ...