TagPublic Limited Companies

Public Company shares cannot be fettered at all, says Bombay HC

By SomasekharSundaresan
February 28, 2010
10 Min read

The Bombay High Court has ruled that any pre-emptive rights over shares in public limited companies are patently illegal in view of the principle of “free transferability” enshrined in Section 111A of the Companies Act, 1956 (“the Act”). This revives the debate on enforceability of shareholder agreements and joint venture agreements governing public limited companies. In the case of Western...

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