19 August 2009
When a company issues / allotes shares to the shareholders what is the date coming on the face of share certificate?
Suppose a company makes allotment of shares on 01.08.2009, prepares share certificate on 20.08.2009 and affix common seal and get it signed on 25.08.2009.
Then what will be the date coming on the FACE OF share certificate mentioning :
DATED THIS DAY OF 2009
Will this date be the date on which directors signed the share certs or the date of allotment of shares ?
DATE OF ALLOTMENT TO SUBSCRIBERS AND DATE TO BE MENTIONED ON SHARE CERTIFICATE
Date of allotment to subscribers will be the date of incorporation of the company and the same date will also be used for printing on share certificate to be issued to subscribers.
Practically & legally this is very much possible. To conclude you may use Date of Incorporation of the company for the purpose of: 4. Printing on share certificate of subscribers 5. as date of Allotment to subscribers 6. For the purpose of filling the column in register of member to enter the name of subscribers.
Even if you receive the amount from subscribers after 6 months the date of deemed Allotment and date on share certificate would remain the same i.e. date of incorporation of the company.
Hence, view taken by various members that they become shareholders only when they pay for the shares and shares are allotted to them is incorrect in my opinion & as per the discussion above.
In case of any doubt please post it. I’ll definitely try my best to solve it.
20 August 2009
Thanks Ankur Sir for your perfect reply.
But i have a doubt regarding the allotment which is made after the company is incorporated.
I will illustrate this with an example:
Company was incorporated on 01.04.2007 with paid up capital of Rs. 1.00 Lacs.
Later it makes allotment on 01.08.2008 of Rs. 5.00 Lacs to 5 persons. Board Resolution for giving authority to issue share certs is passed on on 15.08.2008 and directors and authorised signatory signed the share certs on 20.08.2008.
Now my Question is what will be the date coming on the share certificate
1. will that be the date of allotment i.e. 01.08.2008 for which form 2 has been filed
2. date of board resolution in which authorisation to directors and authorised signatory to sign the share certs was given i.e. 15.08.2008
OR 3. the date of signing of share certs by the directors / autho signatory i.e. 20.08.2008
To conclude, my Query pertains to share certs when allotment is made by filing form 2 after the company is incorporated.
I trust i am able to explain my query in a legible way.
21 August 2009
On Share Certificate irrespective of date of signing of issuing certificate,DAte of allotment i.e. in above case 01.08.2008 will come on share certificate