sweat equity share is covered under section 54 of companies act 2013
company may issue sweat equity share of class of share already issues, if the following condition are fulfilled---
1) The issue of sweat equity share shall be authorised by it's article
2) The issue of sweat equity shall be authorised by special resolution
3) The resolution shall specify the,
a. Current market price
b. No. of share so issuing
c. Class of director or employee to whom such share are issuing
d. If equity share of company are listed in recognised stock exchange, then , sweat equity share shall
issue accordance with regulation of SEBI
e. If equity share of company is not listed, then, accordance with RULE 8 of company ( share and debenture ) rule ,2014
who is employee- employee includes
1) A director of the company, may be whole time director or part time, but not independent director
2) A permanent employee of company, who may working in India or not
3) The director or employee of company mentioned in above point (1) &(2) may be of subsidiary
why sweat equity share is issued
sweat equity share issued to director or employees of the company to provide their
know-how and value addition (i.e economic benefits)
every Indian company can issue sweat equity share to it's employee or director,
it shall not issue sweat equity share more than 15% of current paid up capital of share value of rupees 5 crore , whichever is higher
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