The Banking Regulation Act,1949
Section 12. Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders
1[Regulation of paid-up capital, subscribed capital and authorised capital and voting rights of shareholders. (1) No banking company shall carry on business in India, unless it satisfies the following conditions, namely:
(i) that the subscribed capital of the company is not less than one-half of the authorised capital, and the paid-up capital is not less than one-half of the subscribed capital and that, if the capital is increased, it complies with the conditions prescribed in this clause within such period not exceeding two years as the Reserve Bank may allow;
(ii) that the capital of the company consists of ordinary shares only or of ordinary shares or equity shares and such preferential shares as may have been issued prior to the 1st day of July,1944:
Provided that nothing contained in this sub-section shall apply to any banking company incorporated before the 15th day of January,1937.
[(2) No person holding shares in a banking company shall, in respect of any shares held by him, exercise voting rights 2[on poll] 3[in excess of 4(ten per cent)] of the total voting rights of all the shareholders of the banking company.]
(3) Notwithstanding anything contained in any law for the time being in force or in any contract or instrument no suit or other proceeding shall be maintained against any person registered as the holder of a share in a banking company on the ground that the title to the said share vests in a person other than the registered holder :
Provided that nothing contained in this sub-section shall bar a suit or other proceeding
(a) by a transferee of the share on the ground that he has obtained from the registered holder a transfer of the share in accordance with any law relating to such transfer; or
(b) on behalf of a minor or a lunatic on the ground that the registered holder holds the share on behalf of the minor or lunatic.
(4) Every chairman, managing director or chief executive officer by whatever name called of a banking company shall furnish to the Reserve Bank through that banking company returns containing full particulars of the extent and value of his holding of shares, whether directly or indirectly, in the banking company and of any change in the extent of such holding or any variation in the rights attaching thereto and such other information relating to those shares as the Reserve Bank may, by order, require and in such form and at such time as may be specified in the order.]
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1. Subsituted by Act 95 of 1956, Section 3, for section 12 w.e.f. 14-1-1957.
2. Inserted by Act 33 of 1959, Section 8 w.e.f. 1-10-1959.
3. Subsituted by Act 55 of 1963, Section 9, for “inexcess of five percent” w.e.f. 1-12-1964.
4. Subsituted by Act 20 of 1994, sSection 6 w.e.f. 31-1-1994.
