Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 80A – The Companies Act,1956

The Companies Act, 1956

80A. Redemption of irredeemable preference shares, etc.

1[80A. Redemption of irredeemable preference shares, etc.(1) Notwithstanding anything contained in the terms of issue of any preference shares, every preference share issued before the commencement of the Companies (Amendment) Act, 1988,

(a)which is irredeemable, shall be redeemed by the company within a period not exceeding five years from such commencement, or

(b)which is not redeemable before the expiry of ten years from the sate of issue thereon in accordance with the terms of its issue and which had not been redeemed before such commencement, shall be redeemed by the company on the date on which such share is due for redemption or within a period not exceeding ten years from such commencement, whichever is earlier:

Provided that where a company is not in a position to redeem any such share within the period aforesaid and to pay the dividend, if any, due thereon (such shares being hereinafter referred to as unredeemed preference shares), it may, with the consent of the 2[Tribunal], on a petition made by it in this behalf and notwithstanding anything contained in this Act, issue further redeemable preference shares equal to the amounts due (including the dividend thereon), in respect of the unredeemed preference shares, and on the issue of such further redeemable preference shares, the unredeemed shares shall be deemed to have been redeemed.

(2) Nothing contained in section 106 or any scheme referred to in sections 391 to 395, or in any scheme made under section 396, shall be deemed to confer power on any class of shareholders by resolution or on 3[any Court or the Tribunal] of the Central Government to vary or modify the provisions of this section.

(3) If any default is made in complying with the provisions of this section,

(a)the company making such default shall be punishable with fine which may extend to 4[ten thousand rupees] for every day during which such default continues; and

(b)every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.]

—————————–

1. Ins. by Act 31 of 1988, sec. 14 (w.e.f. 15-6-1988).

2. Subs. by Act 11 of 2003, sec. 13, for “Company Law Board”.

3. Subs. by Act 11 of 2003, sec. 13, for “any Court”.

4. Subs. by Act 53 of 2000, sec. 36, for “one thousand rupees” (w.e.f. 13-12-2000).

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

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh