Procedure for effecting forfeiture:
For the forfeiture of shares following procedures are followed:
- There should be a clear authorization in the Articles of Association of the company for the forfeiture of shares.
- Share must be forfeited for the non-payment of calls due to the company. The Articles may also permits other grounds also for forfeiture of shares.
- A notice should be served on the defaulting members for the unpaid calls before the shares can be forfeited. A clear notice of 14 days must be given otherwise the notice will become invalid.
- To show that the directors possess the power to forfeit the shares an extra notice must ne served to the defaulting members.
- Forfeiture of shares will become invalid, if the call in respect of which the forfeiture is made is invalidly done or the notice is inaccurate.
- Calls should be validly made, if the forfeiture is for non payment of calls.
- If the requirement of the notice is not complied with the shares in respect of which the notice has been passed, it may be forfeited by a resolution of the Board to that effect.
- The power to forfeit the shares must be exercised bonafide and in good faith.
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