CA Intermediate · Corporate and Other Laws · Prospectus and Allotment of Securities
Anand and Co Ltd, a private company, wants to allot shares to persons it chooses, through a private placement. Which of the following correctly states a feature of private placement under the Companies Act, 2013?
In a private placement, securities are offered only to identified persons by a private placement offer letter, and payment must come through banking channels from the subscriber's own bank account. It is not advertised to the public and does not need a full prospectus.
- AThe offer may be made to any number of persons through newspaper advertisements
- BAllotment must be made only to the persons identified and offered through a private placement offer letter, and payment must be received by cheque or electronic mode from the subscriber's own bank accountCorrect
- CShares may be allotted for cash received in physical currency notes
- DPrivate placement requires issuing a full prospectus with the Registrar
Explanation
A private placement is made to identified persons through a private placement offer letter in the prescribed form, and money must be received through banking channels from the bank account of the person subscribing. Option 1 would be a public offer, option 3 is not permitted, and option 4 confuses it with a public issue.
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