ALL
UNLISTED PUBLIC COMPANIES HAVE TO ISSUE SHARES IN DEMAT FORM MANDATORILY WITH EFFECT FROM 2nd
OCTOBER 2018
PRIVATE LIMITED COMPANIES , SMALL COMPANIES AND OPC
COMPANISES CAN STILL ISSUE SHARES IN PHYSICAL FORM.
UPC SHALL ISSUE THE
SECURITIES ONLY IN DEMAT FORM
MCA issued Companies (PAS) Third Amendment Rules, 2018 which
shall come into force w.e.f 2nd October 2018
Key Points of "Rule 9A”
Issue of securities in demat form by unlisted public
companies (UPC).-
(a)
Every UPC shall issue the securities only in
demat form; and
ALL FRESH
ISSUE BY UPC ONLY IN DEMAT FORM
(b)
Every UPC making any offer for issue of any
securities or buyback or issue of bonus shares or rights offer shall ensure
that before making such offer, entire holding of securities of its promoters,
directors, KMP has been dematerialised.
ALL EXISTING
SHARES OF UPC SHALL BE CONVERTTED INTO DEMAT FORM
(c) Every UPC
shall facilitate demat of all its existing securities by making necessary
application to a depository and shall secure ISIN for each type of security and
shall in-form all its existing security holders about such facility.
(d) Every UPC
shall comply with the regulations or directions or guidelines or circulars, if
any, issued by the SEBI or Depository from time to time with respect to demat
of shares of UPC and matters incidental or related thereto.
(e) The audit
report provided under Regulation 55A of the SEBI (DP) Regulations, 1996 shall
be submitted by the UPC on a half-yearly basis to the RoC.
DUTIES OF
SHAREHOLDERS
FUTURE
TRANSFER OF SHARES OF UPC IN DEMAT
FORM ONLY
(a) Every
holder of securities of an UPC, who intends to transfer such securities on or
after 2nd October, 2018, shall get such securities in demat form before the
transfer; or
(b) who
subscribes to any securities of an UPC(whether by way of private placement or
bonus shares or rights offer) on or after 2nd October, 2018 shall ensure that
all his existing securities are held in demat form before such subscription.
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