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A Valuation report in respect of shares, property or assets, tangible and intangible, movable and immovable, of the company must be prepared by a Registered Valuer in case or instance of a compromise or agreement between members (such as in mergers or amalgamations) or with creditors (such as in corporate debt restructuring),
As a Registered Valuer of Financial Assets in India, Share valuable information on the key valuation requirements under the Companies Act 2013 in India. This comprehensive summary aims to raise awareness about our services related to the valuation of financial assets.
Overview of the valuation requirements, including reference points, activities, and trigger points for each valuation:
Serial No. | Reference | Activity | Trigger Point of Valuation |
1. | Section 8 read with Rule 21 and 22 of the Companies (Incorporation) Rules, 2014 | Valuation of assets of a Section 8 Company when it is to be converted into any other type of company | Before filing for such conversion |
2. | Section 39 read with Rule 12(5) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 | Issue of shares for consideration other than cash – requirement for valuation of the consideration | When filing the return of allotment for issue of shares for consideration other than cash |
3. | Section 54 read with Rule 8(6) of the Companies (Share Capital) Rules, 2014 | Fair price justification for issue of sweat equity shares | Before the approval of issue of sweat equity shares |
4. | Section 54 read with Rule 8(7) of the Companies (Share Capital) Rules, 2014 | Valuation of IP / know how acquired by issue of sweat equity shares to be valued | Before the approval of issue of sweat equity shares |
5. | Section 62(1)(c) read with Rule 13(1) of the Companies (Share Capital and Debentures) Rules, 2014. | Share issue (other than rights and ESOP) | Before pricing the issue |
6. | Section 67(3) read with Rule 16(1)(c) of the Companies(Share Capital and Debentures) Rules, 2014 | Determination of price of issue by an unlisted entity when shares are issued to employees/ trust to which the company is providing loan for such purchase | Before the approval of the transaction |
7. | Section 73 read with Rule 2(ix) of the Companies(Acceptance of Deposits) Rules, 2014 | To determine that bonds /debentures issued are secured (and hence not adeposit), valuation of the assets provided as security | Before the issue of such bonds /debentures |
8. | Section 230(2) and Section 230(3) of Companies Act 2013 | Filing of a compromise or arrangement amongst creditors / shareholders | Before the filing of application. |
9. | Section 232 of Companies Act 2013 | Mergers and amalgamations | When Board places them report to the members |
10. | Section 236 of Companies Act 2013 | Acquisition of minority stake by these holding 90 % or more. | Before making such offer for the buyout of the shares from the minority holders |
11. | Section 281(1)(a) of Companies Act 2013 | Valuation of assets at the time of winding up of the company | Once the Liquidator is appointed |
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We would welcome the opportunity to discuss how Rajput Jain and Associates can support your initiatives and requirements. Whether you are seeking valuation services or exploring ways to invest, restructure, or improve internal processes, we are here to help.
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