A company intends to convert its redeemable preference shares
into equity share capital. Can it do so under the provisions of the
Companies Act, 2013?
1) Is there any restriction to start up companies to issue redeemable preferences
2) Is there any ceiling in dividend rate for preference shares except in section 73 and rules
Company wants to issue either Optionally Convertible Redeemable Preference Shares or Plain redeemable preference share on *Right Basis*, they want surety for valuation requirement for issue price, shares are being issued on premium.
As per my understanding Valuation is not required as the same is through right basis to resident. But the client has received a different view from professional that preference share issue requires valuation. Please Confirm
Also for redemption of shares whether valuation will be compulsory?
Thanks in anticipation
XYZ Private Limited issued Redeemable Preference Shares worth 50 crores to certain investors. The preference shares were redeemable after a period of 5 years. After two years of the issue, the company and the Investors reach a conclusion to convert these redeemable preference shares into convertible preference shares.
Issues for consideration:
a. Is it possible to change the terms of preference shares? Will such a change from ‘redeemable’ to ‘convertible’ be regarded as a ‘change in terms’?
b. What additional formalities will be required for effecting such a change? What are corporate actions will be required for effecting the change in terms?
c. What is the maximum period up to which preference shares can be issued? Can preference shares be issued at a premium?
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