Certificate of shares
(1)
A certificate, issued under the common seal of the company, issued under the common seal, if any, of the company or signed by two directors or by a director and the Company Secretary, wherever the company has appointed a Company Secretary, specifying the shares held by any person, shall be prima facie evidence of the title of the person to such shares.
(2)
A duplicate certificate of shares may be issued, if such certificate —
(a)
is proved to have been lost or destroyed; or
(b)
has been defaced, mutilated or torn and is surrendered to the company.
(3)
(4)
Where a shareshare is held in depositorydepository form, the record of the depository is the prima facie evidence of the interest of the beneficial owner.
(5)
If a company with intent to defraud issues a duplicate certificate of shares, the company shall be punishable with fine which shall not be less than five times the face value of the shares involved in the issue of the duplicate certificate but which may extend to ten times the face value of such shares or rupees ten crores whichever is higher and every officerofficer of the company who is in default shall be liable for action under section 447section 447.
Notes, amendments & references (2)
Substituted by the Companies (Amendment) Act, 2015 (21 of 2015), notified on 26th May, 2015, with effect from 29th May 2015 vide notification S.O. 1440(E). To view the notification, Click Here
Refer Rule 5, 6 and 7 of Companies (Share Capital and Debentures) Rules, 2014 . To view the rule, Click Here