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ARTICLE · 02 FEBRUARY 2015

What’s In A Name: Only Preference And Equity?

‘What’s in a name’ - channeling Shakespeare, we looked at the changes in the Companies Act, 2013 with respect to preference and equity shares.

IndiaCorporate/Commercial Law

'What's in a name' - channeling Shakespeare, we looked at the changes in the Companies Act, 2013 ("2013 Act") with respect to preference and equity shares.

The scheme of erstwhile Companies Act 1956 ('1956 Act') under Part IV - titled 'Kinds of Share Capital', was two-fold. Firstly, that there would be only two kinds of share capital - preference and equity. 'Preference share capital' was defined as that part of the share capital of the company which provided preference to the holder at the time of payment of dividend and liquidation. 'Equity share capital' was defined as all share capital which was not preference share capital. Secondly, that (a) there would be no inequality of voting rights as between members holding equity share capital in a company; and (b) voting rights of a preference shareholder, broadly speaking, would be in the same proportion as the total paid up capital in respect of the preference share bears to the total paid-up equity share capital. To

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