Section 23 sub-section (1) of the Companies Act, 2013 provides that a public company may issue securities -
(a) to public through prospectus (herein referred to as "public offer") by complying with the provisions of Part I of Chapter III (Prospectus and Allotment of Securities)
(b) through private placement by complying with the provisions of Part II of Chapter III (Prospectus and Allotment of Securities)
(c) through a rights issue or a bonus issue in accordance with the provisions of this Act and in case of a listed company or a company which intends to get its securities listed also with the provisions of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules and regulations made thereunder.
Therefore, the above provision makes it clear that a Public Company can issue securities through private placement.
While uploading Form LLP-11, we found that our attachments are missing, does anyone have any insight into this problem?
Are we required to file separate form MGT-14, if we are changing name and object clause of the company by passing special resolution?
V3 portal ask for payment after uploading the form, if we make payment next da same amount is reflected for the payment, shall it be considered as pay later? If yes then how to determine the date when pay later expires?
Under which role DSC needs to be associated for First directors not having DIN/subscribers?
If the company has made payment to MSME vendor will it be taken in the form?
What is ISIN number for the purpose of filing PAS-6?
As we all know that form STK-2 is now on V3 portal and in this form MCA is asking for STK-8 (Statement of account) in excel sheet, further it is asking for STK-3A, both as the mandatory attachments. Although STK-3A is applicable for the Government company. Any suggestions?
Whether the documents are required to be notarized and apostilled for incorporation of a company in case the subscriber/director is a Foreign national?
Compliance Calendar LLP is Recognised as Startup by DIPP Under Ministry of Commerce & Industry, Government of India
This is in reference to section 42 of companies act 2013 read with Rule 14 of the Companies (Prospectus and Allotment of Securities) Rules, 2014.
as per section 42(1)
A company may, subject to the provisions of this section, make a private placement of securities.
therefore it is clear from the language of law that every company including a public company may come with private placement,