Different Types of Share Capital

An equity share, occasionally appertained to as an ordinary share, is a form of fractional power that entails the topmost quantum of entrepreneurial responsibility for a trading organization. Let’s examine equity shares in lesser detail. The company keeps its equity share investment capital. It’s only returned after the business has been shut down. The company’s operation is named by equity shareholders, who also have voting rights. The presence of redundant capital affects the tip rate on equity capital. On the other hand, the tip rate on equity capital isn’t set in gravestone.

Introduction

Any organization, public or private, offers various kinds of shares to maintain itself and to spread management duties, including acquiring additional capital for the business. Equities are issued for the latter purpose.

Equity shares in real meaning is defined as shares, which are often referred to as ordinary shares, are distributed to the general public at a pre-declared face value. As more shares are sold, more capital flow in, making it the main source of investment for a company. In exchange, the shareholders take joint ownership of the organization.

Characteristics of Equity Shares Capital:

  • The company keeps its equity share investment capital. It is only given back after the company closes.
  • Equity The company’s management is chosen by shareholders, who also have voting rights.
  • The presence of surplus capital affects the dividend rate on equity capital. On the other hand, the dividend rate on the equity capital is flexible.

Some of These Shares’ Most Crucial Characteristics are as follows:

  • These are enduring and are only returned in the event that the business closes for any reason. It can be considered that these shares are essentially perpetual for very large firms.
  • Those who own these shares are eligible to vote and choose the company’s leadership and board of directors. These are typically conducted once a year, either at the AGM or during very infrequent Extraordinary General Meetings.
  • Transferable securities exist here. As a result, an existing shareholder may sell them to a different party. Owners of these shares are eligible to receive dividends, which the corporation issues when it is profitable
  • Equity shareholders are unable to choose the dividend rate they would like to receive. The management of the business makes this choice. Such shareholders’ responsibility is limited to the amount of their investment.

Types of Equity Shares

There are numerous varieties of equity shares.The following are the most typical ones:

  • Authorized Share Capital: The most capital a corporation may issue is known as authorized share capital. The cap on these shares is subject to adjustment based on a variety of factors, including profitability, the issuance of additional shares, legal requirements, and other factors. Authorized share capital refers to the number of stock units (shares) that a company may issue in accordance with the terms of its memorandum of association or articles of formation. In order to allow for the potential future issuance of extra shares in the event that the firm has to swiftly obtain funds, management frequently does not utilize the full amount of authorized share capital. Maintaining a controlling stake in the company is another incentive to hold shares in the company’s treasury. The number of shares with the greatest legal value that a corporation may lawfully issue to stockholders is known as authorized share capital. The precise sum will be stated in the articles of incorporation or the memorandum of association. However, this amount may be altered at any moment with the consent of the stockholders.

Three categories of authorized share capital exist:

(a) Uncalled capital is the amount of money that investors still owe for the shares they have purchased.

     (b) Paid-up capital: The money received in exchange for the shares from investors.

(c) The par value of the shares of stock that have been issued is known as the “issued capital.”

  • Subscribed Share Capital: Share capital that has been subscribed to is the portion of the issued capital that has already been determined and approved by the subscriber. When they are issued, subscribed shares represent the share capital that the investors agree to put up. To raise money, a corporation must find investors willing to buy new shares when they are issued. The shares that investors are waiting to purchase, however, are known as subscribed share capital, therefore the corporation is not required to find buyers.An Initial Public Offering’s sharing component is represented by subscribed shares (IPO). Most institutional investors are eager to buy the shares as soon as they become publicly traded. Investors submit an application form to the corporation, pledging to buy shares. It indicates that the investors are considering purchasing firm stock. Finding investors before the company goes public is exceedingly difficult. The valuation of the entire company will be impacted if the IPO does not go as anticipated. When the share price declines below the anticipated value, it could even turn into a catastrophe. The majority of businesses will seek out possible investors and negotiate an agreement with them. It will guarantee that those investors will buy all of the shares at the agreed-upon price. The secondary market share price will be decided by the market.
  • Paid-up Capital: The amount of money shareholders have given a corporation in exchange for stock is known as paid-up capital. When a business sells its shares to investors directly on the primary market, typically through an initial public offering, it generates paid-up capital (IPO). No new paid-up capital is produced when investors trade shares on the secondary market since the selling shareholders receive the money rather than the issuing business. Unborrowed funds are represented as paid-up capital. A corporation that has sold all of its outstanding shares and is completely paid up cannot raise capital unless it borrows money by taking on debt. However, permission to sell additional shares could be granted to a corporation .The amount of paid-up capital reflects how much an organization depends on equity financing to finance its activities. Given the operations, business model, and current industry norms, this number can be compared with the company’s level of debt to determine whether it has a healthy balance of funding.
  • Issue Share Capital: The issued share capital is the portion of the authorised share capital that the company has offered to shareholders in the form of shares. Shares that have been issued are those that are held by investors in the business. These investors may be private individuals, small businesses, or significant institutions. The value of a company’s shares that are actually being sold to investors is its issued share capital. The number of issued shares and the quantity of subscribed share capital must match. The authorized share capital cannot be exceeded by the sum of issued shares plus subscribed shares .The shares sold to shareholders for money are included in the issued share capital .The corporation does not count the shares it has redeemed or purchased to add to its treasury as part of the issued share capital. Prior to this, issued share capital managed both common equity shares and preferred shares. However, only irredeemable preferred shares are represented as part of the issued share capital under current accounting standards.
  • Rights Share: Additional shares that are given to current owners as a gift or in appreciation of their contributions are known as rights shares. However, a business may elect to completely forgo offering any rights share. Companies use a range of corporate actions when trying to raise funds. One of them is providing stockholders with rights shares. A rights share, often referred to as a rights issue, is an offer made to a company’s current shareholders to buy more shares. The corporation gives its shareholders rights-based securities as part of this offer.The shareholders then make use of these rights to purchase additional firm shares at a price below market value on a certain date.In order to boost existing shareholders’ exposure to a company’s equities, rights shares are a type of discount offer.
  • Sweat Equity Share: These are shares given to exceptional executives or employees in appreciation for their labour, skill, or intellectual property. The word “sweat equity” describes a person’s or organization’s financial investment in a commercial endeavour or other activity. In most cases, sweat equity takes the form of time, energy, and physical labour rather than money.In the business world, particularly for startups, sweat equity is frequently used in the real estate and construction sectors.Sweat equity refers to the unpaid work that entrepreneurs and employees who are short on funds invest in a project.Instead of paying for standard labour, homeowners and real estate investors can perform their own repairs and maintenance by using sweat equity.In order to receive a part in the company, owners and employees of cash-strapped startups frequently accept salaries that are lower than their market values. Sweat equity is a crucial component of the business world, generating value from the labour and effort provided by a company’s owners and employees. Owners and employees at cash-strapped startups typically accept salaries that are below their market values in exchange for a part in the company, hoping of good amount of money in return when it gets waived off on sale.
  • Bonus Shares: These additional shares are issued by a corporation in times of financial health and when bonuses are being paid. Bonus shares are a sort of security that is provided to a company’s shareholders. They are additionally called stock bonuses or scrip. Typically, these shares are provided in addition to the standard shares that an individual already owns. Bonus shares may be issued for a variety of purposes, including thanking shareholders for their support, to boost the value of the company’s stock, or evening just to raise money. The board of directors might elect to provide shareholders bonus shares, for instance, if a firm is doing increasingly well and stock price is aggravating.

Case Laws

1. Hellenic and General Trust Limited, which was the subject of 1976 (1) WLR 123 report. In that instance, the court was concerned with a Scheme of Arrangement under which all of the firm’s ordinary shares were to be cancelled and new shares were to be issued to Hambros, making the company a wholly owned subsidiary of Hambros. In essence, it was a plan for Hambros to take over the business.

– A different corporation, MIT, owned 53% of the shares of the Hellenic Company.

MIT was a Hambros subsidiary that was entirely owned by it. Due to this circumstance, the court came to the conclusion that the subsidiary company of Hambros that held such a significant number of shares put itself in the position of a vendor in relation to Hambros, and the transaction’s lifted veil indicated that it was an acquisition rather than an amalgamation.

2. The Supreme Court in the case of Miheer H. Mafatlal vs. Mafatlal Industries Ltd. Supreme Court

on 11.09.1996 JT 1996 (8) 205 gave the following

Observations:

According to Section 86, a company’s share capital can only be divided into equity share capital and preference share capital. There are two groups of shareholders mentioned in the respondent company’s articles of association. Neither the Act nor the respondent-Articles company’s of Association mention a different class of equity shareholders. Admittedly, the appellant is a stakeholder in equity. He would therefore belong to the same class of equity owners whose meeting was called by the Company Court’s directives. A group of shareholders may argue that a separate meeting of such separately interested shareholders should have been called even though the Companies Act or the Articles of Association do not explicitly mention such a class within the class of equity shareholders due to their distinct and competing interests with respect to other equity shareholders with whom they formed a wider class.

Conclusion

Equity shares with a predetermined face value are issued to the general public. During the company’s annual general meetings, they give shareholders the chance to cast a ballot. Since more shares sold means more money received, it is a company’s most significant source of investment

  • Any organization, whether public or private, distributes a variety of shares to maintain its existence and to spread management responsibilities, including the need to raise additional capital for the business. Equity shares are issued for the latter goal.
  • Equity shares (ES) can be distributed without adding any further costs to the assets of an organization. ES (equity shares) do not engender a sense of responsibility or accountability to pay a predetermined rate of dividend.
  • The management may encounter obstacles from the equity shareholders by directing and systematizing themselves. When the firm makes more profits, higher dividends must be paid, resulting in an increase in the share value. Equity capital cannot be reclaimed, so there is a risk, or a liability overcapitalization.
  • Shares of equity are very liquid and can be sold at any time. The dividend paid to shareholders increases as the issuing company’s profits rise. In times of crisis, all shareholders have the opportunity to vote and determine which course management should take. The increase in share value is a further manner that shareholders profit, in addition to the yearly dividend.

References

https://www.vedantu.com/commerce/equity-shares

https://www.investopedia.com/terms/a/authorized-share-capital.asp

https://askanydifference.com/what-are-right-shares/#:~:text=When%20it%20comes%20to%20raising%20capital%2C%20companies%20take,shareholders%20of%20a%20company%20to%20purchase%20additional%20shares.

https://www.icsi.edu/media/filer_public/10/0f/100f5ac1-c8a9-4c47-a056-a0e971352413/landmark_judgements_m_and_a_21_05_2020_krishna_sharan_sharma.pdf
https://www.toppr.com/guides/commerce/what-are-equity-shares/
https://accountinguide.com/what-is-subscribe-share-capital/  
https://jonasmuthoni.com/blog/issued-share-capital/
https://tradebrains.in/features/what-is-bonus-share/
https://www.lawnn.com/top-20-landmark-judgements-corporate-law/

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