"Reduction of capital requires the approval of National Company Law Tribunal (NCLT) is a general perception." Elucidate.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2017
"Reduction of capital requires the approval of National Company Law Tribunal (NCLT) is a general perception." Elucidate.
Answer & Explanation:
As per section 66 of the Companies Act, 2013, sanction of the NCLT is required for effecting resolution for extinguishment or reduction of any paid-up share capital yet there are circumstances and provisions to reduce paid-up capital without necessity of approval by the Tribunal. Section 61 enables cancelling the unsubscribed shares without leave of the Tribunal. Also, surrender of shares by a shareholder, forfeiture of shares for non-payment of unpaid calls, redemption of preference shares and buy-back of shares in accordance with section 68 of the Act do not require sanction by Tribunal.
Topics: Capital Reduction
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