Prepare a checklist for right issue of shares.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2019
Prepare a checklist for right issue of shares.

Answer & Explanation:

As per Section 62(1) of the Companies Act, 2013 if the Company decides to issue fresh shares, these should be offered to existing shareholders in proportion to existing shareholding. Checklist for Rights Issue: Certified true copy of the resolution passed by the Board of Directors for issue of securities under proposed rights issue/approving the proposed fast track rights issue. Certified true copy of the Shareholders, if any; for issue of securities under proposed rights issue/fast track rights issue increase in the authorised share capital (if required) Check whether the copy of Form SH-7, MGT-14 filed with ROC. Undertaking from the Company that the entire issued capital of the company is listed with Exchange and are fully paid up. Certificate from all Lead Manager/Merchant Banker and Company with respect to compliances in case of fast track rights issue. Whether the issuer company has made reservation of equity shares of the same class in favour of the holders of outstanding compulsorily convertible debt instruments, if any, in proportion to the convertible part thereof, while opening a rights issue of equity shares. Check whether the equity shares so reserved were issued at the time of conversion of convertible debt instruments on the same terms at which equity shares offered in rights issues. Whether the issuer company has made reservation for employees along with rights issue subject to the condition that value of allotment to any employee shall not exceed rupees two lakhs. Check whether the issuer is in compliance with the conditions for continuous listing of equity shares as specified in the listing agreement with the recognised stock exchange where the equity shares of the issuer are listed. Once the allotment is made, the company shall within 30 days of allotment, file with the Registrar are turn of allotment in Form PAS-3, along with the fee as specified in Companies (Registration of Offices and Fees) Rules, 2014.

Topics: Shares and Share Capital

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