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70 Prohibition for buy-back in certain circumstances.

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Section 70 of Companies Act 2013

1.     No company shall directly or indirectly purchase its own shares or other specified securities

a.     through any subsidiary company including its own subsidiary companies;

b.    through any investment company or group of investment companies; or

c.     if a defaultis made by the companyin the repayment of deposits accepted either before or after the commencement of this Act, interest payment thereon, redemption of debentures or preference shares or payment of dividend to any shareholder, or repayment of any term loan or interest payable thereon to any financial institution or banking company:

Provided that the buy-back is not prohibited, if the default is remedied and a period of three years has lapsed after such default ceased to subsist.

2.     No company shall, directly or indirectly, purchase its own shares or other specified securities in case such company has not complied with the provisions of sections 92,

Short Notes:

  • The complete section came into force from September, 12, 2013, except sub-section (2) which came into force from April, 1, 2014.
  • It seeks to prohibit buy-back through any subsidiary company, through any investment company or through such company, which has defaulted in making repayment of deposits, interest thereon, redemption of debentures, payment of dividend, etc.

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