Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 108A – The Companies Act,1956

The Companies Act, 1956

108A. Restriction on acquisition of certain shares.

1[108A. Restriction on acquisition of certain shares.(1) Except with the previous approval of the Central Government no individual, firm, group, constituent of a group, body corporate or bodies corporate under the same management, shall jointly or severally acquire or agree to acquire, whether in his or its own name or in the name of any other person, any equity shares in a public company or a private company which is a subsidiary of a public company, if the total nominal value of the equity shares intended to be so acquired exceeds, or would, together with the total nominal value of any equity shares already held in the company by such individual, firm, group, constituent of a group, body corporate or bodies corporate under the same management, exceed twenty-five per cent. of the paid-up equity share capital of such company.

(2) Where any individual, firm, group, constituent of a group, body corporate or bodies corporate under the same management (hereafter in this Act referred to as the acquirer), is prohibited, by sub-section (1), from acquiring or agreeing to acquire except with the previous approval of the Central Government, any share of a public company or a private company which is a subsidiary of a public company, no

(a)company in which not less than fifty-one per cent. of the share capital is held by the Central Government; or

(b)corporation (not being a company) established by or under any Central Act; or

(c)financial institution,

shall transfer or agree to transfer any share to such acquirer unless such acquirer has obtained the pervious approval of the Central Government for the acquisition, or agreement for the acquisition, of such share.]

—————————–

1. Section 108A ins. by Act 58 of 1991, sec. 28 (w.r.e.f. 27-9-1991). Earlier section 108A were inserted by Act 41 of 1974, sec. 12 (w.e.f. 1-2-1975) and were omitted by Act 30 of 1984, sec. 52 (w.e.f. 1-8-1984).

Previous | Next

The Companies Act, 1956

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh