whether an unlisted public ltd co can issue RPS to more than 50 members...without prospectus or listing .....????
Ashish shah (C.A.Student) (89 Points)
16 May 2011whether an unlisted public ltd co can issue RPS to more than 50 members...without prospectus or listing .....????
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 16 May 2011
Originally posted by : Ashish shah | ||
whether an unlisted public ltd co can issue RPS to more than 50 members...without prospectus or listing .....???? |
Hi Ashish
In my view,
1. 50 members restriction is only for pvt company. So Public company means it will exceed that limit
2. Unlisted Public company can issue RPS. ( Refer Section 80)
3. You can issue Redeemable Preference Shares without Prospectus provided conditions are
fulfilled as per provisions of Section 149 (2). Refer the sections for more clarity.
4. If the Public company is Listed or intended to be listed,
then the filings of Prospectus or Statement in lieu of prospectus will be with SEBI
If not listed then such filings will be with ROC . ( Refer Section 55A for reference)
Other contrary views if any welcome.
Experts your views solicited.
regards
Santosh Shah
Ashish shah
(C.A.Student)
(89 Points)
Replied 23 May 2011
dear santosh, find out the rules for private placement also ,,,because i m confuse there....pls ask in ur circle...i need urgent help