Equity shares with differential voting rights (DVRs) are the kind of shares issued by a company that offers shareholders varying levels of the voting power. This means that some shareholders have more voting power than others and this can significantly impact the control and decision-making capabilities of the company.
The company/startup should pass an Ordinary Resolution for the issuance of DVRs in the General Meeting of the shareholders. The voting power of DVRs equity shares should not exceed 74% of the total voting powers. There should be no default in filing the annual returns by the startups for the past three financial years.
The company/startup should pass an Ordinary Resolution for the issuance of DVRs in the General Meeting of the shareholders. The voting power of DVRs equity shares should not exceed 74% of the total voting powers. There should be no default in filing the annual returns by the startups for the past three financial years.
Issue of Preference shares through Rights Issue under Section 62(1)(a) only to the existing Equity Share holders. As the provisions in this section specifically provide for the issue of Shares to the Equity Shareholders and no person other than the existing shareholders can be allotted under this Section.
Sub-section 2 of section 47 of the Act provides that every member of a company limited by shares and holding any preference share capital therein shall, in respect of such capital, have a right to vote only on resolutions placed before the company which directly affect the rights attached to his preference shares and, ...
Ing to the Companies Act, 2013, companies limited by shares can issue DVRs, but it will be as a part of the company's share capital. Ideally shares with differential voting rights are considered to be a robust means of raising capital without giving up control over the company.
The voting power in respect of shares (i.e., preference and equity) with differential rights of the company should not exceed seventy-four per cent of the total voting power, including voting power in respect of equity shares with differential rights issued at any time.