Tuesday, September 6, 2022

Company Law Committee- Fractional shares

 3.RECOGNISING ISSUANCE AND HOLDING OF FRACTIONAL SHARES, RSUs AND SARs

Section :Section 62(1)

Issue to be addressed :

The Act in its present form does not permit the holding of Fractional shares i.e., a portion of a share less than one share unit. Fractional shares may arise as a consequence of corporate actions like mergers, issue of bonuses or rights issues.Further, there are no provisions under the Act, in relation to the Restricted Stock Units [RSUs] and Stock Appreciation Rights [SARs], which are schemes linked to shares of a Company, aimed at granting its employees ownership rights in the company.

Amendments /Proposed Recommended by the Committee

The Committee felt that CA-13 should be amended to insert provisions that enable issuance, holding and transfer of fractionalshares for a class or classes of companies, in such manner as may be prescribed. Such shares should only be issued in dematerialised form. For listed companies, such prescriptions may be made in consultation with SEBI. It is also clarified that this recommendation only pertains to cases that would involve a fresh issue of fractional shares by the company and not to those cases where fractional shares get created forthe time being on account of any corporate action.With regard to Restricted Stock Units [RSUs] and Stock Appreciation Rights [SARs], an amendment is proposed to Section 62 (1) to allow additional employee compensation schemes linked to the value of the share capital of a company

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