Pearl Cosmetics Ltd. has not yet called remaining 33% of the face value of its equity shares. Ms. Rukmini, a reputed singer, who has paid 67% call money earlier, wants to pay full 33% to the Company as she will be going

CS Professional · Advanced Company Law and Practice · PYQS · June 2018
Pearl Cosmetics Ltd. has not yet called remaining 33% of the face value of its equity shares. Ms. Rukmini, a reputed singer, who has paid 67% call money earlier, wants to pay full 33% to the Company as she will be going out of India for next three months. Can the Company accept such amount from Ms. Rukmini under provisions of the Companies Act, 2013?

Answer & Explanation:

Section 50(1) of the Companies Act, 2013 states that if authorized by its articles, a company may accept from any member the whole or part of the amount remaining unpaid on any shares held by him, even if no part of that amount has been called up. Where Section 50(2) provides that a member who has paid the whole or part of the amount remaining unpaid on shares held by him even though the company has not made a call for it is not entitled to any voting right at a general meeting on the amount so paid till such amount has been called up. Accordingly, if authorized by its Articles, Pearl Cosmetics Ltd. can accept from Rukmini 33% of the face value of shares which is not yet called up but she will not be entitled to exercise voting right in any general meeting unless the amount he has paid is actually called up.

Topics: Share Capital and Debentures

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