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DD to RTGs ( NEED PVT LTD COMPANY with Surplus fund ) (ADV - Financial)

by bhartisaurabh416, Wednesday, August 30, 2023, 02:22 PM (265 days ago) @ tirupati

1- Exploring Investment Options within the Company: If your client wishes to retain the investment within the company itself, they should be mindful of the permissible premium that can be charged on the face value of shares. Given the investment amount of 150 crore Rs, the company can issue additional shares at a calculated premium that adheres to accounting regulations. However, it's essential to ensure that the premium does not breach the limits set by regulatory authorities to avoid scrutiny during audits and potential legal implications.

Example: If the regulatory limit for premium is 20% of the face value, the company can issue new shares at 12 Rs premium per share (10 Rs face value + 20% premium). This way, the company can raise the required capital while staying compliant with accounting rules.

2- Considering Alternative Investment Entities: If complying with the premium limit within the existing company structure seems challenging, your client might consider forming a separate company specifically for this investment. This new entity could be structured in a way that allows for the desired investment without violating accounting regulations.

Example: Create a subsidiary company with a higher authorized capital and issue shares with a higher face value and premium. This would provide flexibility in raising larger amounts of capital without affecting the existing company's compliance status.

3- Exploring NGO or Trust Investment: As mentioned, investments made through NGOs or trusts are treated as donations, and the premium concern is not applicable in such cases. If your client is open to this option, they can explore investing the funds through a registered NGO or trust.

Example: The company could make a donation to a registered trust, which can then invest the funds as per their objectives. This approach avoids the premium-related challenges associated with equity investments.

It's essential to note that each approach comes with its own set of considerations, including legal and regulatory implications, tax implications, and compliance requirements. Therefore, it's recommended that your client consult with legal and financial professionals before making a decision.

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