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Valuation u/s 247 of the Companies Act, 2013

Valuation U/S. 247 Of The Companies Act, 2013

Section 247 of the Companies Act provides that “where a valuation is required to be made in respect of any property, stocks, shares, debentures, securities or goodwill or any other asset or net worth of a company or its liabilities under the provisions of this Act, it shall be valued by a person having such qualifications and experience and registered as a valuer in such manner and on such terms and conditions as may be prescribed and appointed by the audit committee or in its absence by the Board of Directors of that company”.

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VALUATION UNDER THE COMPANIES ACT, 2013

S .NO

RELEVENT SECTION AND TYPE OF VALUATION

TYPE OF ISSUE

1


Section 42 read with Rule 12(5) of the 
Companies (Prospectus of Securities) Rules, 2014 Valuation of the consideration against which securities are issued.

Private Placement of Securities for consideration other than cash.

2

Section 62(1)(c) read with Rule 13 of the Companies (Share Capital and Debentures) Rules, 2014 Valuation of price of shares which are being issued.

Preferential Issue of further shares.

3

Section 52 read with Rule 8 of the Companies (Share Capital and Debentures) Rules, 2014Valuation of intellectual property rights or of know how or value additions for which sweat equity shares are to be issued.

Issue of sweat equity shares to directors/employees at a discount or for consideration other than cash.

4

Rule 2(ix) of the Companies (Acceptance of Deposits) Rules, 2014 Assessment of market value of such assets.

Amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company.

5

Section 192 Valuation of assets involved.

Arrangement with a director of the company, its holding, subsidiary or associate company or any person connected with him for acquisition of assets for consideration other than cash.

6


Section 230(2)(c)(v)

Valuation report in respect of the shares and the property and all assets, tangible and intangible, movable and immovable, of the company under the scheme of Corporate debt Restructuring.

7

Section 230(3) & 232(2)(d)

In case of a compromise or arrangement between members or with creditors, a valuation report in respect of shares, property or assets, tangible and intangible, movable and immovable of the company, or a swap ratio report.

8

Section 232(2)(h)

Under the scheme of Compromise/ Arrangement in case the Transferor company is Listed Company and the Transferee company is an unlisted company- Valuation report is required to be made by the tribunal for exit opportunity to the shareholders of transferor Company.

9


Section 236(2)

For valuing equity shares held by Minority Shareholders.

10

Section 281(1)(a)

For valuing assets for submission of report by Company liquidator.

11

Section 305(2)(d)

For report on the assets of the Company for preparation of declaration of solvency under voluntary winding up.

12

Section 319(3)(b)

For valuing the interest of any dissenting members of the transferor company in case of liquidation.

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