ABC Pvt Ltd is a Private Limited Company desires to issue shares through private placement to 50 gro...........

Companies Act-Phase (I & II) Share capital and debentures

ABC Pvt. Ltd. is a Private Limited Company desires to issue shares through private placement to 50 group of persons. At the same time Company also offered securities to 2 Qualified Institutional buyer. While calculating number of persons for private placement under section 42 of the companies Act, 2013, can company also considered numbers of Qualified Institutional buyer to whom the securities has been offered?

Yes

Partly Yes

Partly No

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Explanation:

section 42 of the Companies Act, 2013, Qualified Institutional buyer and employees to whom the securities has been offered under ESOP u/s 62(1) (b) are excluded while computing the number of persons.