4 Main Procedures for the Forfeiture of Shares in a Company (Indian Companies Act, 1956)
When a call remains unpaid and the time allowed for its payment has expired, the company may, subject to the provisions of the articles, forfeit those shares and the amount received thereon. The power to forfeit shares must be expressly given in the company’s articles. It cannot be implied.In order that the forfeiture of shares is valid, the procedure expressly prescribed by the articles must be strictly adhered to. The technicalities must be strictly complied with as even a little inaccuracy may be as fatal as the greatest one. Even the whole body of shareholders or creditors cannot ratify a defective forfeiture. ADVERTISEMENTS: The procedure to be followed for the forfeiture of shares is as follows: 1. In Accordance with the Articles of Association: Shares can be forfeited only in…