In the case of private companies, share application amounts are often received in cash. … The tax officer levied penalty under Section 271 D of the Income-Tax Act, stating that receiving share application money in cash resulted in violation of Section 269 SS of the I-T Act.
As per the provisions of this section, even private limited companies will not be allowed to receive share application money in cash. They will require opening a separate bank account for receiving share application cheques and will not be able to use that money till they allot the shares.
In case of private company either it can issue shares to its existing shareholders by way of rights issue or by way of giving them bonus shares or it can issue securities through private placements.
Share capital is reported by a company on its balance sheet in the shareholder’s equity section. The information may be listed in separate line items depending on the source of the funds. These usually include a line for common stock, another for preferred stock, and a third for additional paid-in capital.
Ignoring the same, one cannot declare that any cash received is the money received towards share application money. Hence, no company can receive any money more than its Authorized Share Capital under the Cover of Share Application Money.
The Company should receive the Share subscription money before issuing share certificates. So, share certificates can be issued only after the receipt of money.
Share capital and liabilities are both methods of acquiring cash to provide for the business but are obtained in highly different ways. Share capital is the owners’ contribution or the funds raised by issuance of shares whereas liabilities are the amounts owed by the company to other entities.
Sweat Equity Shares are issued by a Company to its Directors or employees at a discount or for consideration, other than cash.
Before a publicly traded company can sell stock, it must specify a specific limit to the amount of share capital that it is authorized to raise. A company does not usually issue the full amount of its authorized share capital.
How to Transfer Shares of a Private Limited Company. … Step 1: Obtain share transfer deed in the prescribed format. Step 2: Execute the share transfer deed duly signed by the Transferor and Transferee. Step 3: Stamp the share transfer deed as per the Indian Stamp Act and Stamp Duty Notification in force in the State.
Can subscription money be received in cash?
Ans: There is no prohibition/restriction under the Companies Act, 2013 for receiving the subscription money in cash (i.e. not through account payee cheque or other banking channel). However, the Company and/or subscriber(s) has(ve) to comply with the provisions of the Income Tax Act with regard to cash transaction.
Share capital represents how much money was actually used to buy shares, but the market value of the shares might mean that those shares would be worth much more if sold. As a limited company is a separate legal entity from its owners and directors, the value of someone’s shares is their total financial liability.
The CAMA 1990 set the minimum authorized share capital for private and public companies at N10,000 (Ten Thousand Naira) and N500,000 (Five Hundred Thousand Naira) respectively[2] and allowed companies to issue at least 25% of their share capital while reserving the remainder for future allotment.
Though no restriction is imposed by the Companies Act, 1956 a judgement pronounced has made it clear that, a company cannot have Share Application money more than the Authorized Share Capital.
So share application money cannot be utilised before completion of allotment proceeding..
What is the difference between Companies Act 1956 and 2013?
The Companies Act, 1956 (existing Act) contains 658 sections and XV schedules. The Companies Act 2013 has 464 sections and 7 schedules. The Act, has lesser sections as the Companies will be governed more through the rules which are yet to be prescribed.