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Companies act, 2013

(Querist) 13 August 2014 This query is : Resolved 
Hi friends i have a query- As per the provision of Section 48 a particular class of shareholders can vary the rights with the consent of 3/4th members in writing or through Special Resolution passed in the meeting.


However as per Rule 4(3) of Equity shares with differential rights, the company shall not convert its existing equity share capital with voting rights into equity share capital carrying differential voting rights and vice versa.


My question is that doesnt the two statements contradict as section 48 says any right can be varied and rule 4(3) says that differential voting rights cant be varied

Devajyoti Barman (Expert) 13 August 2014
academic query.no reply...
Rajendra K Goyal (Expert) 14 August 2014
Academic query.
R.K Nanda (Expert) 14 August 2014
Academic query.
T. Kalaiselvan, Advocate (Expert) 19 August 2014
Academic query, consult a CA for further advise.


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