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CS Rupesh Khade

Comprehensive Guide to Issuing Bonus Shares: Compliance Made Simple

Are you looking to understand the step-by-step process for issuing bonus shares? This comprehensive guide to issuing bonus shares by JSRK & Associates, Practising Company Secretaries, covers all you need to know about the legal framework, requirements, and procedures for issuing bonus shares under the Companies Act, 2013 and SEBI guidelines.


Step by step guide to issue bonus shares
Issue of Bonus Shares

 

What are Bonus Shares?

Bonus shares are additional shares issued to existing shareholders at no extra cost. They are distributed in proportion to the shares already held by the members, using the company's accumulated reserves.


 

Legal Provisions Governing Bonus Shares

  1. Companies Act, 2013: Section 63

  2. SEBI (ICDR) Regulations, 2018: Chapter XI

  3. Applicable Rules:

    • Companies (Share Capital and Debentures) Rules, 2014

    • Companies (Management and Administration) Rules, 2014

    • Companies (Prospectus and Allotment of Securities) Rules, 2014

Forms to Be Filed: MGT-1, MGT-14, PAS-3, SH-1

Approvals Required:

  • Board Meeting Resolution

  • Shareholders’ Ordinary Resolution

Timeline: 4 to 75 days


 

Why Issue Bonus Shares?

Issuing bonus shares can enhance shareholder confidence, conserve cash reserves, and make the company’s stock more affordable by adjusting the stock price proportionally.


 

Pre-requisites for Issuing Bonus Shares

  • Adequate authorized share capital to accommodate the new shares. If insufficient, amend the Memorandum of Association (MoA).

  • Bonus shares may be issued from:

    • Free reserves

    • Securities premium account

    • Capital redemption reserve

Prohibited Sources:

  • Revaluation reserves

Conditions for Issuance:

  • Authorized by the company’s Articles of Association (AoA).

  • Board of Directors and shareholders approve the issuance.

  • No defaults in debt or statutory dues (e.g., PF, gratuity).

  • No partly paid-up shares at the time of allotment.

  • Bonus shares cannot substitute for dividends.

Note: In listed companies, promoters and directors must not be categorized as fugitive economic offenders.


 

Step-by-Step Procedure to Issue Bonus Shares


For Unlisted Companies

Step

Action

Legal Reference

Board Meeting

Approve bonus issue, fix record date, and schedule General Meeting. Approve draft notice and explanatory statement.

Section 63, Secretarial Standard-1

File MGT-14

File Board resolution with RoC within 30 days.

Companies (Management & Admin) Rules, 2014

Publish Notice

Announce book closure/record date in newspapers. Serve notice to shareholders at least 7 days prior.

Section 91(1), Rule 10

General Meeting

Obtain shareholder approval via an ordinary resolution.

Sections 63, 96, 100

Allot Shares

Conduct Board Meeting for allotment approval. Authorize PAS-3 filing.

Sections 39, 63

Update Registers

Update the register of members with allotment details within 7 days.

Section 88, Rule 5

File PAS-3

File return of allotment with RoC within 30 days.

Rule 12

RBI Compliance

For foreign allottees, file Form FCGPR with RBI within 30 days.

FEMA Regulations, 2017

Issue Certificates

Issue share certificates within 2 months or update depository records for demat shares.

Section 46, 56

For Listed Companies
  1. Notify stock exchanges of the Board Meeting agenda at least 2 working days in advance.

  2. Approve the bonus issue in a Board Meeting and schedule a General Meeting.

  3. File PAS-3 with RoC for allotment details.

  4. Obtain approvals from stock exchanges for listing and trading.


 

Timelines for Compliance

Event

Maximum Duration

Minimum Duration

Board Meeting to General Meeting

8-10 days

1 day

General Meeting to Allotment

23-25 days

1 day

Filing of Return of Allotment

30 days

1 day


 

Documents Required

  • Certified resolutions (Board and General Meetings)

  • List of allottees with allotment details for PAS-3 filing

  • Foreign Investment Certificates (FIRC) for RBI compliance


 

Optimize Your Compliance with JSRK & Associates

Navigating the bonus share issuance process can be complex. Partner with JSRK & Associates, a Practising Company Secretary firm, to ensure seamless compliance and professional guidance.


Contact us today!


 

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