Question
As per the Companies Act, 2013 when is a company
prohibited from directly or indirectly purchasing its own shares or other specified securities?Solution
Section 70.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 deposit accepted either before or after the commencement of this Act, interest payment thereon, redemption of debenture 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.
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