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Q & A

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If a Private Limited Company proposes to issue further shares to persons other than its existing members or partly to existing members or partly to other on preferential basis u/s. 62(1)© of Co. Act, 2013, then should company need to comply the provisions of section 42 read with rule 14 of Companies (Prospectus and Allotment of Securities)Rules, 2014 ? Because as per definition of Private Company u/s. 2(68)(3) prohibits any invitation to the public to subscribe for any securities of the company.

Section 62- Further issue of share capital.

Posted By: Vasant patel 9 year(s) ago

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    zaffar

Every preferential issue of shares or other convertible securities under section 62 of CA, 2013 is necessarily a private placement and has to comply with section 42 of CA, 2013 read with Relevant Rules. However private placement of NCD, or other non convertible securities, section 62 is not applicable and hence no valuation is required to be done. Hope I answer the question.

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Expert    Ankit Singhi

In the cited case private company can issue shares to any other person) other than its existing member provided the limit of members shall not exceed 200 under private placement i.e. sec 42 or on preferential basis u/s. 62(1)© as the case may be.

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