Section 62 Companies Act 2013 deals with further issue of share capital. Where a company proposes to increase its subscribed capital by issue of further shares, those shares must FIRST be offered to:
Answer & Solution
Correct answer: D.
1. Section 62(1)(a) Companies Act 2013 codifies the RIGHTS ISSUE rule (pre-emption right of existing equity shareholders): further shares shall be offered to existing equity shareholders in proportion to the paid-up share capital on those shares, by sending a notice specifying the number of shares offered, the time within which offer is to be accepted (between 15 and 30 days), and the right to renounce.
2. Section 62(1)(b) covers ESOP route; Section 62(1)(c) covers preferential allotment to other persons by SPECIAL RESOLUTION.
3. The Companies (Amendment) Act, 2017 permitted shorter periods than 15 days with consent of 90% of members.
4. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 62(1)(a)_
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