Buyback of shares more than 10% of Paid up capital and free reserves of the company (Pvt. Co.)

This query is : Resolved

Jayanti Dey (Querist)
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01 June 2023 Can anyone plz forward me all the formats of the resolutions and notices, draft of the letter of offer, format of special resolution for insertion of buyback clause in Articles of the company.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 Resolutions and Notices:

1. Company Secretary or Legal Advisor:
• Contact a company secretary or legal advisor specializing in corporate law. They can provide templates or draft resolutions and notices tailored to your specific needs.
2. Professional Associations:
• Join professional associations related to corporate governance or company secretaries. They often provide members with access to resources, including templates for resolutions and notices.
3. Online Legal Resources:
• Use reputable online legal resources or databases that offer templates and samples of resolutions and notices. Websites like LegalZoom, Rocket Lawyer, or specific legal portals often provide such documents for purchase or download.

Letter of Offer for Buyback:

1. Legal Counsel:
• Seek advice and assistance from legal counsel specializing in corporate law. They can draft a letter of offer for buyback compliant with regulatory requirements.
2. Company Secretary:
• Company secretaries often have experience in drafting such documents. Consult with a company secretary to draft a letter of offer that meets legal and regulatory standards.

Special Resolution for Insertion of Buyback Clause:

1. Consult Legal Advisors:
• Engage legal advisors or corporate lawyers to assist in drafting a special resolution. They can ensure the resolution complies with company law and regulatory requirements.
2. Company Secretary Guidance:
• Company secretaries can guide on the procedural aspects of passing a special resolution and help draft the resolution language for inserting a buyback clause in the Articles of the company.

Regulatory Compliance:

• Ensure all documents, including resolutions, notices, letter of offer for buyback, and special resolutions, comply with relevant regulatory frameworks such as the Companies Act and other applicable laws.

For specific templates or drafts, it’s best to consult with professionals who can provide tailored advice and documentation suited to your company’s unique circumstances and legal requirements.