Shares issued at a premium, Business Law and Ethics

Assignment Help:

Shares Issued At A Premium:

A company may at times issue its shares at a price above their nominal value, i.e at a premium. This may be necessitated by the fact that the company's shares which have already been issued are being sold in the open market at a price which is above their nominal value. Since such an issue does not jeopardize the position of the company's creditors there is no legal requirement that the issue be confirmed by the court. However, Section 58 (1) provides that where a company issues shares at a premium, where for cash or else or there may a sum equal to the aggregate amount or value of the premiums on those shares shall be transferred to an account called "the share premium account". However the section further offers that the share premium account shall be governed by the provisions of the Companies Act relating to the reduction of the share capital of a company as if the share premium account were paid share capital of the company. This means, in effect, that the funds credited to the share premium account are not paid out by the company except in the legitimate course of its business.

Sub-section 2 provides that the share premium account may however be applied by the company:

a)      To pay up unissued shares of the company which are to be issued to members of the company as fully-paid bonus shares;

b)      To write off the preliminary expenses of the company;

c)      To write off the expenses of any issue of shares or debentures of the company, or the commission paid or discount allowed on such issue, or

d)      To provide for the premium payable on redemption of any redeemable preference shares or debentures of the company


Related Discussions:- Shares issued at a premium

Probabilities for various ratios, I am an executive being transferred from ...

I am an executive being transferred from my home city on the west coast to one in the Midwest. I know nothing about the city I'm moving to, but I have to buy a house there. Realtor

Suspected illegal unreported and unregulated vessels, Question: (a) Sus...

Question: (a) Suspected Illegal, Unreported & Unregulated (IUU) Vessels calling into Mauritius Port are subject to a series of investigations, prior to authorizing unloading

Social engagement, 3 ways in which the restaurant can engage in socially re...

3 ways in which the restaurant can engage in socially responsive activities in the community within which it operates.

Meaning of public, Meaning Of "Public":                    For the pur...

Meaning Of "Public":                    For the purposes of the prospectus issue the word "public" is declared by S.57 (1) to include "any section of the public, whether selec

Change of name - name clause, Change of Name: A company's name may be ...

Change of Name: A company's name may be changed voluntarily or compulsorily (a)   Voluntary Change A company's name may be changed voluntarily: i. Under s.2.1 if a sp

Discuss common law and statutory duty, Part A A director has a duty to ...

Part A A director has a duty to exercise care, skill and diligence at common law and also a statutory duty of care and diligence under s180 (1) Corporations Act 2001 (Cth) in c

Revival of a dissolved company, Revival of a Dissolved Company: Liquid...

Revival of a Dissolved Company: Liquidation leads on to dissolution of the company.  The court may, however, within the ensuing two years order that dissolution be rescinded a

Division of companys powers, Division of company's Powers: Article 80 ...

Division of company's Powers: Article 80 of Table A states: "The business of the company shall be managed by the directors one who may... exercise all the such powers of th

Explain company limited by shares, QUESTION 1 Discuss the implication o...

QUESTION 1 Discuss the implication of F.O.B as a special trade term in international sales contract QUESTION 2 (a) Cliff is the sole director of ABC Construction Ltd, a

Return as to allotments - allotment of shares , Return As To Allotments: ...

Return As To Allotments: Section 54 (1) provides that whenever a company limited by shares or a company limited by guarantee and having a share capital makes any allotment of

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd