Section 52 — Application of premiums received on issue of shares
(1) Where a company issues shares at a
premium, whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on
those shares shall be transferred to a “securities premium account” and the provisions of this Act relating
to reduction of share capital of a company shall, except as provided in this section, apply as if the securities
premium account were the paid-up share capital of the company.
(2) Notwithstanding anything contained in sub -section ( 1), the securities premium account may be
applied by the company—
(a) towards the issue of unissu ed shares of the company to the members of the company as fully
paid bonus shares;
(b) in writing off the preliminary expenses of the company;
(c) in writing off the expenses of, or the commission paid or discount allowed on, any issue of
shares or debentures of the company;
(d) in providing for the premium payable on the redemption of any redeemable preference shares
or of any debentures of the company; or
(e) for the purchase of its own shares or other securities under section 68.
(3) The securities premium account may, notwithstanding anything contained in sub -sections (1) and
(2), be applied by such class of companies, as may be prescribed and whose financial statement comply
with the accounting standards prescribed for such class of companies under section 133,—
(a) in paying up unissued equity shares of the company to be issued to members of the company as
fully paid bonus shares; or
(b) in writing off the expenses of or the commission paid or discount allowed on any issue of equity
shares of the company; or
(c) for the purchase of its own shares or other securities under section 68.
Related sections
- Section 43 — Kinds of share capital
- Section 44 — Nature of shares or debentures
- Section 45 — Numbering of shares
- Section 46 — Certificate of shares
- Section 47 — Voting rights
- Section 48 — Variations of shareholders’ rights
- Section 49 — Calls on shares of same class to be made on uniform basis
- Section 50 — Company to accept unpaid share capital, although not called up
- Section 51 — Payment of dividend in proportion to amount paid-up
- Section 53 — Prohibition on issue of shares at discount
- Section 54 — Issue of sweat equity shares
- Section 55 — Issue and redemption of preference shares
- Section 57 — Punishment for personation of shareholder
- Section 58 — Refusal of registration and appeal against refusal
- Section 59 — Rectification of register of members
- Section 60 — Publication of authorised, subscribed and paid -up capital
- Section 61 — Power of limited company to alter its share capital
- Section 62 — Further issue of share capital
- Section 63 — Issue of bonus shares
- Section 64 — Notice to be given to Registrar for alteration of share capital
- Section 65 — Unlimited company to provide for reserve share capital on conversion into limited
- Section 66 — Reduction of share capital
- Section 67 — Restriction on purchase by company or giving of loans by it for purchase of its shares
- Section 68 — Power of company to purchase its own securities
- Section 69 — Transfer of certain sums to capital redemption reserve account
- Section 70 — Prohibition for buy-back in certain circumstances
- Section 71 — Debentures
- Section 72 — Power to nominate