Red Cap Ltd. wants to reduce its equity share capital to extinguish the holding of only non-promoter shareholders on payment of the value of their shares. Reduction was approved by the requisite majority of equity shareh

CS Professional · Advanced Company Law and Practice · PYQS · June 2015
Red Cap Ltd. wants to reduce its equity share capital to extinguish the holding of only non-promoter shareholders on payment of the value of their shares. Reduction was approved by the requisite majority of equity shareholders including non-promoter shareholders. Will such selective reduction be sanctioned?

Answer & Explanation:

Such reduction in equity capital to extinguish the holding of only non-promoter shareholders will be sanctioned. In the matter of Sandvik Asia Ltd. v. Bharat Kumar Padamsi (2009) 151 Com Cases 251 (2010) 2 Com L J 255 (Bom) , where the object of reduction was to extinguish the holding of non-promoter shareholders on payment of fair value for their shares and reduction was approved by a majority of equity shareholders including majority of non-promoter shareholders, the reduction was sanctioned.

Topics: Share Capital and Debentures

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