Preference Shares Issue and Redemption Under Section 55
Preference shares can be useful financing instruments, but Section 55 makes one point clear: irredeemable preference shares are not permitted after commencement of the Act.
\nFor broader context, see the Companies Act, MCA and Startup Compliance Hub.
Section 55 base
Section 55 states that no company limited by shares shall issue any preference shares which are irredeemable. A company may issue preference shares liable to be redeemed within the statutory period and conditions.
Use the Companies Act Related-Party Transaction Approval Checker to work through the related inputs before acting.
\nIssue file
| Item | Control |
|---|---|
| Articles authorisation | Check whether preference share issue is permitted. |
| Terms of issue | Dividend, redemption period, conversion and rights. |
| Valuation/pricing support | Important for investor and accounting review. |
| Allotment filing | PAS-3, register and certificate update. |
| Redemption planning | Track source of redemption and due date. |
For the connected rule, example or next step, see Rights Issue and Further Issue of Shares Under Section 62.
\nRedemption controls
- Maintain preference-share register and terms sheet.
- Calendar redemption date well in advance.
- Check distributable profits/fresh issue route where relevant.
- Record board/shareholder approvals.
- Update registers after redemption.
For the connected rule, example or next step, see Beneficial Interest in Shares Under Section 89: Declaration Checklist.
\nFinin2min warning
For the connected rule, example or next step, see Share Certificate Issue and Duplicate Certificate: Evidence Checklist.
\nOfficial sources used
This article is intentionally source-limited to official India Code / MCA material. Verify final filing positions with the latest Act, Rules, MCA forms and portal advisories before publishing.
- India Code: Section 55 — Issue and Redemption of Preference Shares
- India Code: Section 88 — Register of Members etc.
- India Code: Section 39 — Allotment of Securities
- India Code: Companies Act, 2013 official PDF
FAQs
Section 55 states that no company limited by shares shall issue irredeemable preference shares.
Yes. Preference shares are redeemable instruments and redemption planning is critical.
Yes. Preference shareholders and redemption records should be reflected in statutory registers.
Source and review trail
Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.
- Primary category
- Companies Act & MCA
- Official starting point
- www.mca.gov.in