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1. What is private placement under Section 42 of the Companies Act?
2. What are the key provisions and requirements of Section 42 regarding private placement?
3. Can private placement be undertaken by all types of companies, or are there any restrictions?
4. What is the maximum number of persons to whom securities can be offered through private placement?
5. Are there any eligibility criteria or qualifications for investors participating in a private placement?
6. What is the process for conducting a private placement and issuing securities under Section 42?
7. Are there any prescribed timelines or statutory compliances that need to be followed during a private placement?
8. Is it mandatory to appoint a separate compliance officer for overseeing private placement activities?
9. What are the disclosure and reporting requirements for companies undertaking private placement?
10. Are there any restrictions or conditions on the use of funds raised through private placement?
11. Can private placement be made to existing shareholders or only to new investors?
12. Are there any specific penalties or consequences for non-compliance with the provisions of Section 42?
13. Can the company engage intermediaries such as brokers or merchant bankers for facilitating private placement?
14. Are there any exemptions or relaxations available under Section 42 for certain types of transactions or companies?
15. How does private placement differ from public offerings or rights issues?
What is the role of Section 135 of Trademark Act 1999.
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What should be mentioned in the Article 90 of the Articles of Association of the company in case of Section 8 company?
Will the assets, especially immovable, will become part of private limited company in case of conversion from Section 8 company.
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How to treat assets of Section 8 company that remains after winding up or dissolution after satisfaction of its debts and liabilities?
Signing of financial statements can be done by only chairman in place of Two Directors requirements under the Companies Act, 2013?
CRC Raised query to modify-
Article 90 of AOA is not made as per requirement of section 8 company, please submit the same in view of clause 10 of MOA. Please rectify, accordingly. A section 8 company cannot distribute its fund or assets and dividend between members.
Please share the MOA & AOA for section-8 company.
Hi Everyone!
How will the surplus be treated in case of winding up of Section 8 Company?
Hello Professionals
Whether borrowings and/or creation of security, based on the basis of
ordinary Resolution under section 293 of the Companies Act, 1956 are valid.
Hello Professionals
A private company is not required to appoint an independent director,
whereas Section 135(1) states that the CSR Committee should have at least
one independent director. Do private companies need to appoint an
independent director to comply with this section?