The shares of a private limited company can be issued through the Rights Issue to existing shareholders of the company. The company can also issue shares to outsiders i.e. any person other than the existing members subject to provisions of Indian Companies Act, 2013.
➢ If a shareholder is not interested in accepting the offer of additional shares, he can renounce the same in favour of any other person, who may not be member of the Company. {This is the way by which Company can issue shares to outsiders under Right issue of shares}.
A private company is normally restricted to issuing shares to its members, to staff and their families and to debenture holders. However, by private arrangement, the company may issue shares to anyone it chooses. Shares in a private limited company may only be sold or transferred with the permission of the directors.
Private limited companies are prohibited from making any invitation to the public to subscribe to shares of the company. Shares of a private limited company can also not be issued to more than 200 shareholders, as per the Companies Act, 2013.
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. PRIVATE PLACEMENT – Part II of Chapter III, Section 42 of the Act.
A company must enter into an agreement with the shareholders. The agreement must include the shareholder removal process, i.e. shareholders agreement shall have a procedure for removing a shareholder. Typically, removing a company shareholder requires a majority vote of other shareholders of the company.
1. The persons who have subscribed to the Memorandum of Association of a company. 2. Every other person who has agreed in writing and whose name has been entered in the Register.
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.
Private company shares are not issued through an initial public offering (IPO). In general, the shares of private companies are less liquid since it is traded amongst few closely connected investors and public participation is not allowed.
Public limited companies cannot issue .
Can private company be listed?
First of all a Private limited company cannot trade its share on stock exchange. … A private company cannot invite general public to subscribe to its shares. To do so it will first have to convert itself to a Public Limited company, then only it can think of getting itself listed on stock exchange for trading its share.