Section 62: Further issue of share capital

Section 62: Further issue of share capital · Complied AI

Notes, amendments & references (15)

Section 62 shall not apply to nidhi companies vide notification no. G.S.R. 465(E) dated 5th June 2015.To view the notification, Click Here

7 Days as prescribed under rule 12A of Companies (Share Capital and Debentures) Rules, 2014. To view the Rule, Click Here

Inserted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 22.01.2021. To view the Act, Click Here and to view the commencement notification, Click Here .

Inserted vide Notification no. G.S.R.464 (E) dated 5th June, 2015.

(The exceptions, modifications and adaptations provided above shall be applicable only to those Private Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June 2017)

To view the notification, Click Here

Provided Inserted vide Exemption Notification to specified IFSC Public Companies, GSR 08 (E) dated 04.01.2017. To view the notification Click Here

For private companies and IFSC Public Companies, an ordinary resolution suffices. Notification no. G.S.R.464 (E) dated 5th June, 2015 and GSR 09(E) dated 04.01.2017 respectively.

Refer rule 12 and Form No. SH-6 of the Companies (Share Capital and Debentures) Rules, 2014. To view the rule, Click Here

Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification, Click Here

Refer rule 13 of the Companies (Share Capital and Debentures) Rules, 2014. To view the rule, Click Here

Inserted vide Companies (Amendment) Act, 2017 dated 03.01.2018 and effective from 09.02.2018. To view the notification, Click Here

Inability of listed companies to dispatch notice through registered post or speed post or through courier for issues opening upto December 31, 2020 shall not be considered a violation of 62(2) due to ongoing COVID – 19 pandemic according to MCA circular dated 03.08.2020. To view the circular, Click Here.

Inability of listed companies to dispatch notice through registered post or speed post or through courier for issues opening upto July 31, 2020 shall not be considered a violation of 62(2) due to ongoing COVID – 19 pandemic according to MCA circular dated 11.05.2020. To view the circular, Click Here.

Refer Rule 72 National Company law Tribunal Rules 2016.To view the rule, Click Here