12th Com Secretarial Practices Chapter 3 (Digest) Maharashtra state board

Chapter 3 Issue of Shares

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Project on Issue of Shares

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The issue of shares in a business refers to the process by which a company offers new shares of stock to investors. This process allows the company to raise capital for various purposes such as expansion, debt reduction, or other financial needs. Here is a detailed explanation of the different aspects of share issuance:

Types of Shares

  1. Common Shares: These provide shareholders with voting rights and a share in the company's profits through dividends. However, they are last in line during liquidation.
  2. Preferred Shares: These offer no voting rights but have a higher claim on assets and earnings than common shares. Preferred shareholders typically receive dividends before common shareholders.

Reasons for Issuing Shares

  1. Raising Capital: Companies issue shares to raise funds for growth, expansion, research and development, or to pay off debt.
  2. Improving Liquidity: Issuing shares can increase the number of shares traded, enhancing liquidity.
  3. Strategic Partnerships: Shares can be issued to strategic partners, aligning interests and fostering collaboration.
  4. Acquisitions: Shares can be used as currency for mergers and acquisitions.

Methods of Issuing Shares

  1. Initial Public Offering (IPO): The first sale of shares to the public, transforming a private company into a public one.
  2. Follow-on Public Offering (FPO): Issuing additional shares after an IPO.
  3. Rights Issue: Offering existing shareholders the right to buy additional shares at a discount.
  4. Private Placement: Selling shares to a select group of investors rather than the general public.
  5. Bonus Issue: Issuing additional shares to existing shareholders without any cost, based on the number of shares already owned.

Process of Issuing Shares

  1. Board Approval: The company's board of directors must approve the decision to issue shares.
  2. Regulatory Compliance: Complying with regulatory requirements, such as filing with securities commissions and stock exchanges.
  3. Prospectus Preparation: Preparing a prospectus detailing the company's financial status, business model, risks, and the terms of the share issue.
  4. Pricing: Determining the price at which shares will be sold, often with the help of investment banks.
  5. Marketing: Promoting the share issue to potential investors through roadshows and marketing campaigns.
  6. Allocation: Allocating shares to investors, which might involve underwriting by investment banks.

Impact on the Company

  1. Dilution: Issuing new shares can dilute existing shareholders' ownership percentage.
  2. Capital Structure: Changes in the number of shares affect the company's capital structure and potentially its control dynamics.
  3. Market Perception: The success and terms of a share issue can impact the company's stock price and market perception.

Legal and Regulatory Considerations

  1. Securities Laws: Compliance with securities laws and regulations is essential to ensure transparency and protect investors.
  2. Stock Exchange Rules: Adherence to the rules of the stock exchange where the shares will be listed.
  3. Disclosure Requirements: Providing sufficient and accurate information to investors through the prospectus and ongoing disclosures.

Benefits and Risks

Benefits:

  • Access to significant capital.
  • Enhanced visibility and credibility.
  • Potentially lower cost of capital compared to debt.

Risks:

  • Dilution of existing shareholders.
  • Increased scrutiny and regulatory compliance costs.
  • Market volatility affecting share prices.

In conclusion, the issuance of shares is a vital tool for companies to raise capital and grow. However, it involves complex processes, regulatory compliance, and strategic considerations to balance the benefits against potential risks.