Question Details

If a delay occurs beyond 8 days in refunding the subscription amount, failing togather the minimum subscription, from the date of closure of the subscription list, the company shall be liable for interest at the rate of:

Options

A

15%

B

12%

C

6%

D

Prevailing in State Bank of India

Show Answer

Correct Answer :

Option A

15%

Solution :

The correct option is 15%.

Step-by-Step Explanation:

1. Under the Companies Act, 2013, and SEBI (Issue of Capital and Disclosure Requirements) Regulations, when a company issues shares to the public, it must raise a minimum subscription amount (usually 90% of the total issue size) within a specified timeframe.
2. If the company fails to receive the minimum subscription, it cannot proceed with the allotment of shares. Consequently, the company is obligated to refund the entire subscription amount received from the investors.
3. The refund must be completed within a prescribed period, which is typically 15 days from the closure of the issue (or 8 days as per specific guidelines depending on the context).
4. If there is a delay in refunding the subscription amount beyond the permitted grace period, the company and its directors in default become jointly and severally liable to repay the money with interest.
5. The statutory interest rate prescribed for such delays in refund is 15% per annum for the period of delay. Therefore, the company is liable for interest at the rate of 15%.

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