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Buyback of shares can be done to write off the accumulated loss or reduce the overflow of capital in the market. In this article, we will discuss the process for buyback of shares as per companies act 2013.
Section 68 of the Companies Act, 2013 indicates that any company which is limited by shares or guarantees with share capital can easily opt for Buyback of Shares and any other specified securities. Whether it is a listed or an unlisted company, both can opt for the process of buy-back of shares
Initially, the concept of buyback of shares was not covered under the Companies Act, 1956 until it got amended in the year 1999. Besides this, section 68, 69 and 70 of the new Companies Act, 2013 read together with the Rule 17 of the Companies (Shares Capital and Debentures) Rules, 2014 regulates the process of buyback of shares by an unlisted company.
Following listed are the ways by which a private company can go for the option of Buyback of shares –
A buyback share program can assist a company in achieving the following listed –
A company is not allowed to purchase shares or securities from the following listed –
Note: the Declaration of solvency shall be signed by at least 2 of the directors one of whom shall be the Managing Director (M.D) if any.
The process of buyback of shares is an effective way for the management to boost up the company’s undervalued share price and reduction in share capital. Further, this process requires the management to show confidence in their business operations and affairs. Furthermore, it is not obligatory that every buyback must automatically benefit the shareholders. It is significantto note that being an investor one should scale the purpose and the timing of a buyback and must also have a look at the overall financial situation of the concerned company. Lastly, a shareholder must reconsider all his views priorto purchasing shares of that company which is indulged in the process of a buyback.
Also, Read: Legal Background of Buyback of Shares under Companies Act 2013.
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