If the condition of minimum subscription in case of the issue of shares is not satisfied, and the company fails to repay the entire subscription amount within 15 days from the date of closure of the subscription list, the company (through its officers in default) is liable to pay the amount with interest at the rate of ................. as per Section 39 of the Companies Act, 2013.
If the condition of minimum subscription in case of the issue of shares is not satisfied, and the company fails to repay the entire subscription amount within 15 days from the date of closure of the subscription list, the company (through its officers in default) is liable to pay the amount with interest at the rate of ................. as per Section 39 of the Companies Act, 2013.
Solution
Under the Companies Act, 2013, read with the Companies (Prospectus and Allotment of Securities) Rules, 2014, if the minimum subscription amount is not received and refunded within 15 days from the closure of the subscription list, the directors who are officers in default become liable to repay the application money along with interest at per annum for the delayed period, as per Section 39 of the Act. This is the standard rate tested in company law exams for such default situations.
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