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Microlesson · 5-min read

Buy-back of Shares – Three Eligibility Tests and Maximum Buy-back Calculation

## Three Tests for Determining Maximum Buy-back

Before executing a buy-back, a company must satisfy three independent tests. The actual buy-back cannot exceed the smallest limit produced by these three tests.

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### Test 1: Shares Outstanding Test

> Buy-back in any financial year ≤ 25% of total paid-up equity capital (by number of shares)

$$\text{Max shares} = 25\% \times \text{Total equity shares outstanding}$$

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### Test 2: Resource Test (Financial Resources Test)

> Total buy-back amount ≤ 25% of (Paid-up capital + Free reserves)

$$\text{Max shares} = \frac{25\% \times (\text{Paid-up capital} + \text{Free reserves})}{\text{Buy-back price per share}}$$

Free reserves include: General Reserve, Securities Premium, P&L credit balance.

Exclude: Capital Redemption Reserve, Capital Reserve (non-distributable).

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### Test 3: Debt-Equity Ratio Test

> Post-buy-back: Total Debt ≤ 2 × (Paid-up capital + Free reserves)

This is the most complex test because buying back shares reduces equity through two channels simultaneously:

  • ESC reduces by face value (F) × shares
  • Free reserves reduce by: premium on buy-back (P − F) × shares plus CRR transfer = F × shares
  • Net equity reduction per share = F + (P − F) + F = P + F

#### Algebraic Setup

Let:

  • $x$ = Amount to be transferred to CRR (= F × n)
  • $y$ = Total buy-back amount (= P × n)
  • Relationship: $x = \dfrac{F}{P} \cdot y$ (e.g., if F = ₹10, P = ₹30 → $3x = y$)

Post-buy-back equity = Present equity − x − y

Minimum required equity = Total Debt ÷ 2

Constraint: Present equity − x − y ≥ Min equity

Substitute $x = (F/P) \cdot y$:

$$y \leq (\text{Present equity} - \text{Min equity}) \times \frac{P}{P + F}$$

#### Shortcut Formula

$$\text{Equity headroom} = \text{Present equity} - \text{Min equity}$$

$$\text{Max BB amount} = \text{Headroom} \times \frac{P}{P + F}$$

$$\text{Amount to CRR} = \text{Headroom} \times \frac{F}{P + F}$$

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### Putting It Together

> Maximum permissible buy-back = min(Test 1 shares, Test 2 shares, Test 3 shares)

### Sequence When Buy-back Follows Preference Redemption

When preference shares are redeemed in the same period, recalculate free reserves after redemption before applying the three tests to the equity buy-back. The revised free reserves (reduced by CRR created for preference redemption) form the base for all three equity buy-back tests.

Worked example

### Example 1

Problem (CDR Q016): After preference share redemption, the position is:

  • Equity shares outstanding: 78 lakh shares of ₹10 face value → ESC = ₹780 lakh
  • Free reserves: Gen Reserve ₹385 lakh + Sec Premium ₹28 lakh + P&L ₹148 lakh = ₹561 lakh
  • Total equity = ₹1,341 lakh
  • Buy-back price = ₹30 per share
  • Total debt = ₹699 lakh

Test 1 – Shares Outstanding:

25% × 78 lakh = 19.5 lakh shares

Test 2 – Resource Test:

25% × 1,341 = ₹335.25 lakh

335.25 ÷ 30 = 11.175 lakh shares

Test 3 – Debt-Equity Ratio:

Min equity post-BB = 699 ÷ 2 = ₹349.5 lakh

Equity headroom = 1,341 − 349.5 = ₹991.5 lakh

Max BB amount = 991.5 × 30/(30+10) = 991.5 × 3/4 = ₹743.625 lakh

Max shares = 743.625 ÷ 30 = 24.7875 lakh shares

Amount to CRR = 991.5 × 10/40 = ₹247.875 lakh

Result: min(19.5, 11.175, 24.7875) = 11.175 lakh shares can be bought back

Total buy-back amount = 11.175 × 30 = ₹335.25 lakh

CRR to be created = 11.175 × 10 = ₹111.75 lakh

⚠️ Common exam mistakes

  • Using pre-preference-redemption free reserve figures instead of the revised (post-redemption) figures when buy-back happens after preference redemption in the same year.
  • In Test 3, forgetting that equity reduces by (P + F) per share — not just P (the buy-back price) — because the CRR transfer also draws down free reserves.
  • Taking the largest of the three test limits instead of the smallest.
  • Including Capital Redemption Reserve or Capital Reserve as 'free reserves' in Tests 2 and 3; these are non-distributable and must be excluded.
  • Omitting short-term debt (e.g., bank overdraft) when computing total debt for Test 3 — both secured and unsecured, long-term and short-term debt must be included.
  • In the D/E test, computing post-buy-back equity by subtracting only the premium (P − F) instead of the full (P + F) impact.
Bare-Act text Section 68(2) · Companies Act, 2013 · click to expand
No company shall purchase its own shares or other specified securities unless— (a) the buy-back is authorised by its articles; (b) a special resolution has been passed in general meeting of the company authorising the buy-back [not required if buy-back ≤ 10% of paid-up equity capital + free reserves, authorised by Board resolution]; (c) the buy-back must be equal or less than twenty-five per cent of the total paid-up capital and free reserves of the company; (d) the buy-back of shares in any financial year must not exceed 25% of its total paid-up capital and free reserves; (e) the ratio of the debt owed by the company (both secured and unsecured) after such buy-back is not more than twice the total of its paid-up capital and its free reserves; (f) all the shares or other specified securities for buy-back are fully paid-up.
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