Saturday, March 9, 2019
Commencement of Business by a Public Company
Commencement of Business by a Public Comp whatsoever Restrictions on commencement of crinkle. (1) A company sh only not commence any business or exercise any borrowing powers unless (a) shares held subject to the payment of the solely occur in that locationof in cash surrender been allotted to an amount not less in the whole than the minimum subscription b) any conductor of the company has paid to the company full amount on all(prenominal) of the shares taken or contracted to be taken by him and for which he is liable(predicate) to pay in cash (c) no property is or may become liable to be repaid to applicants for any shares or debentures which have been fractureed for public subscription by reason of any failure to apply for or to obtain permission for the shares or debentures to be dealt in on any stock exchange d) there has been filed with the registrar a duly corroborate declaration by the chief executive or one of the directors and the repository in the prescribed fo rm that the aforesaid conditions have been complied with and the registrar has issued a certificate referred to in subsection (2) and Companies Ordinance, 1984 101 (e) in the possibility of a company which has not issued a prospectus inviting the public to hold for its shares, there has been filed with the registrar a statement in lieu of prospectus. l) and after making such enquiries as he ay deem fit to satisfy himself that all the requirements of this Ordinance have been complied with in respect of the commencement of business and matters case law and incidental thereto, certify that the company is entitled to commence business, and that certificate shall be conclusive evidence that the company is so entitled Provided that, in the case of a company which has not issued a prospectus inviting the public to subscribe for its shares, the registrar shall not give such a certificate unless a statement in lieu of prospectus has been filed with him. 2) The registrar shall, on the reg ister of a duly verified declaration in accordance with the provide of sub-section (3) Any contract made by a company in advance the meet at which it is entitled to commence business shall be doubtful only, and shall not be binding on the company until that date, and on that date it shall become binding. (4) Nothing in this section shall prevent the simultaneous offer for subscription or allotment of any shares and debentures or the receipt of any money payable on application for debentures. 5) If any company commences business or exercises borrowing powers in contravention of this section, every officer and other individual who is responsible for the contravention shall, without prejudice to any other liability, be liable to a fine not exceeding one thousand rupees for every day during which the contravention continues. (6) Nothing in this section shall apply to a private company, or to a company limited by undertake and not having a share capital.