What is Transfer of certain sums to capital redemption reserve account What is Prohibition for buyback in certain circumstances Section 69 and 70 of Indian Companies Act 2013

Transfer of certain sums to capital redemption reserve account and Prohibition for buyback in certain circumstances are defined under Section 69 and 70 of Indian Companies Act 2013. Provisions under these sections are:

 

Section 69 of Indian Companies Act 2013 "Transfer of certain sums to capital redemption reserve account"

(1) Where a company purchases its own shares out of free reserves or securities premium account, a sum equal to the nominal value of the shares so purchased shall be transferred to the capital redemption reserve account and details of such transfer shall be disclosed in the balance sheet


 

(2) The capital redemption reserve account may be applied by the company, in paying up un-issued shares of the company to be issued to members of the company as fully paid bonus shares.

 

Section 70 of Indian Companies Act 2013 "Prohibition for buy-back in certain circumstances"

(1) No company shall directly or indirectly purchase its own shares or other specified securities -

(a) through any subsidiary company including its own subsidiary companies;

(b) through any investment company or group of investment companies; or

(c) if a default, is made by the company, in the repayment of deposits accepted either before or after the commencement of this Act, interest payment thereon, redemption of debentures or preference shares or payment of dividend to any shareholder, or repayment of any term loan or interest payable thereon to any financial institution or banking company:

Provided that the buy-back is not prohibited, if the default is remedied and a period of three years has lapsed after such default ceased to subsist.

(2) No company shall, directly or indirectly, purchase its own shares or other specified securities in case such company has not complied with the provisions of sections 92, 123, 127 and section 129.

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