Q.Minimum subscription for allotment of shares as per Securities and Exchange Board of India (SEBI) guidelines cannot be less than 90% of which of the following capital ? (A) Reserve Capital (B) Nominal Capital (C) Subscribed Capital (D) Issued Capital
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Start your 14-day free trial to unlock the full solution →Minimum subscription, as per SEBI guidelines, cannot be less than 90% of the Issued Capital.
Minimum subscription is a crucial concept in company law and securities regulation, particularly when a company offers its shares to the public. It refers to the minimum amount of capital that a company must receive from share applications before it can proceed with the allotment of shares.
The primary purpose of minimum subscription is to protect investors and ensure the viability of the company's project. If a company fails to raise a substantial portion of the capital it intended to issue, it might not have sufficient funds to commence operations, purchase necessary assets, or meet its working capital requirements. This could put the investors' money at risk. To prevent such situations, regulatory bodies like the Securities and Exchange Board of India (SEBI) mandate a minimum subscription threshold.
According to SEBI guidelines, a company cannot allot shares unless it has received applications for at least 90% of the capital it has offered to the public for subscription. If this condition is not met within a specified period (usually 60 days from the date of opening the issue), the company must refund the entire application money received to the applicants, typically within 15 days of the closure of the issue.
Let's examine the given options in the context of minimum subscription:
- (A) Reserve Capital: This is a portion of the uncalled share capital that a company decides, by special resolution, not to call up except in the event of its winding up. It is a contingent reserve and has no direct bearing on the initial public offering or the minimum funds required for allotment.
- (B) Nominal Capital (or Authorised Capital): This is the maximum amount of share capital that a company is legally authorised to issue as per its Memorandum of Association. A company rarely issues its entire authorised capital at once. Minimum subscription is concerned with the capital currently being offered, not the maximum possible. …
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