Question
Which of the following statements is FALSE regarding
Share Capital under the Companies Act, 2013? (I) Every share in a company having a share capital shall be distinguished by its distinctive number. (II) Preference shares carry a preferential right over equity shares regarding the repayment of capital in the case of a winding-up.Solution
Statement I is true – As stated under Section 45 , Every share in a company having a share capital shall be distinguished by its distinctive number: Provided that nothing in this section shall apply to a share held by a person whose name is entered as holder of beneficial interest in such share in the records of a depository. Note - Per Section 45, distinctive numbers are mandatory, though they are managed differently in demat. Statement II is true – As stated under Section 43 (ii) “preference share capital”, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to— (a) payment of dividend, either as a fixed amount or an amount calculated at a fixed rate, which may either be free of or subject to income-tax; and (b) repayment, in the case of a winding up or repayment of capital, of the amount of the share capital paid-up or deemed to have been paid-up, whether or not, there is a preferential right to the payment of any fixed premium or premium on any fixed scale, specified in the memorandum or articles of the company;
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