Allotment of shares

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Overview

The allotment of shares refers to the creation and distribution of new shares by a company, which can be offered to both existing and new shareholders. The process begins with applicants submitting forms for shares. Upon approval, this application becomes an “allotment,” which is essentially the formal allocation of shares by the company’s directors to a specific individual. It’s important to distinguish this from the re-issuance of forfeited shares. For a valid allotment, the process must adhere to the provisions of the Companies Act, 2013, and the principles of contract law concerning the acceptance of offers. The allotment of shares refers to the process where a company formally creates and distributes new shares to applicants, thereby accepting their offer to subscribe to these shares. This act signifies the formation of a binding contract between the company and the shareholder. It’s crucial for a valid allotment to adhere to the provisions of the Companies Act, 2013, and the general principles of contract law concerning offer and acceptance. It is distinct from the re-issue of forfeited shares, which involves selling existing shares that were previously taken back by the company due to a shareholder’s failure to pay dues.

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Types Of Allotment Of Shares

Right Issue

A company, with Board of Directors’ approval, may issue shares to existing shareholders based on their current holdings (a rights issue). The offer to shareholders must remain open for a period of at least 15 days but not more than 30 days. Shareholders also have the option to transfer their right to purchase these shares to another person. However, for private companies, this minimum offer period can be reduced to not less than 7 days if at least 90% of the shareholders agree in writing or through electronic mode.

Private Placement

Private placement involves allocating shares to a limited group of individuals rather than the general public, and unlike a rights issue, these shares do not carry the option of transferring the purchase rights. Shareholder approval via a resolution passed at a general meeting is required for a company to allocate shares through private placement.”

Public Placement

“In a public placement (also known as a public offer), a company invites the general public to subscribe to its shares, and the company then allots shares based on the applications received. This fundraising mechanism is restricted to public companies and is not permissible for private companies.”

The Preferential Allotement

Preferential Allotment refers to the issue of shares or convertible securities by a company to a select group of investors (such as promoters, institutional investors, or strategic partners) on a preferential basis, rather than through a public issue or rights issue.