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Microlesson · 5-min read

Issue of Bonus Shares [Section 63]

# Issue of Bonus Shares — Section 63

## What are Bonus Shares?

The term 'bonus share' is not defined in the Companies Act, 2013. In commercial parlance, bonus shares are shares issued proportionately by a company to its current shareholders as fully paid-up shares, free of cost.

The characteristics, conditions, and manner of issue are governed by Section 63.

## Permitted Sources [Section 63(1)]

A company may issue fully paid-up bonus shares to its members out of:

Permitted SourcesProhibited Source
Free Reserves (other than revaluation reserve)Reserves created by revaluation of assets
Securities Premium Account
Capital Redemption Reserve

> Proviso to Section 63(1): Bonus shares shall NOT be issued by capitalising reserves created by the revaluation of assets.

## Pre-requisites for Issue [Section 63(2)]

A company can capitalise its profits/reserves for issuing fully paid-up bonus shares only if ALL of the following are satisfied:

1. Authorised by Articles of the company.

2. Authorised in general meeting on the recommendation of the Board.

3. No default in payment of interest or principal in respect of fixed deposits or debt securities issued by it.

4. No default in payment of statutory dues of employees — e.g., PF contribution, gratuity, bonus.

5. Partly paid-up shares outstanding on the date of allotment have been made fully paid-up.

6. Compliance with Rule 14 of the Companies (Share Capital and Debentures) Rules, 2014 — once the Board announces a bonus issue, it cannot subsequently withdraw the decision.

## Important Restrictions

  • Section 63(3): Bonus shares shall not be issued in lieu of dividend. Bonus issue and dividend are distinct corporate actions and cannot be substituted.
  • Proviso to Section 123(5) confirms: a company may capitalise its profits/reserves for issuing fully paid bonus shares or paying up any amount unpaid on shares held by members.

## Conceptual Anchor

A bonus issue does NOT bring in fresh cash — it merely converts reserves/securities premium/CRR into share capital. Hence the strict conditions and the prohibition on revaluation reserve (which itself reflects an unrealised, non-cash increase in asset value).

Worked example

### Example 1

Example: XYZ Ltd. has Free Reserves of ₹50 crore, Securities Premium of ₹20 crore, CRR of ₹10 crore, and Revaluation Reserve of ₹30 crore. It plans a 1:1 bonus issue requiring ₹40 crore. It may use any combination of Free Reserves + Securities Premium + CRR but cannot touch the ₹30 crore Revaluation Reserve.

### Example 2

Example: ABC Ltd. has defaulted in PF contributions for 3 months. Even though it has sufficient free reserves and articles permit, it cannot issue bonus shares until the statutory dues default is cured — Section 63(2)(d) is a mandatory pre-condition.

### Example 3

Example: LMN Ltd. has 1,00,000 partly paid-up shares (paid: ₹6 of ₹10 each) outstanding. Before any bonus allotment, the company must first make these shares fully paid-up [Sec 63(2)(e)] — only then can the bonus issue proceed.

⚠️ Common exam mistakes

  • Using the revaluation reserve as a source for bonus issue — explicitly prohibited by the proviso to Section 63(1).
  • Issuing bonus shares in lieu of (instead of) dividend — barred by Section 63(3).
  • Forgetting that all six conditions in Section 63(2) are cumulative; failure on even one (e.g., a single defaulted PF payment) bars the bonus issue.
  • Withdrawing a bonus issue announcement after Board recommendation — Rule 14 prohibits this.
  • Mixing up 'partly paid-up shares must be made fully paid-up' with the issue itself — bonus shares themselves must always be issued fully paid-up.
Bare-Act text Section 63 of the Companies Act, 2013 · The Companies Act, 2013 · click to expand
Section 63(1): A company may issue fully paid-up bonus shares to its members, in any manner whatsoever, out of— (i) its free reserves; (ii) the securities premium account; or (iii) the capital redemption reserve account: Provided that no issue of bonus shares shall be made by capitalising reserves created by the revaluation of assets. Section 63(2): No company shall capitalise its profits or reserves for the purpose of issuing fully paid-up bonus shares under sub-section (1), unless— (a) it is authorised by its articles; (b) it has, on the recommendation of the Board, been authorised in the general meeting of the company; (c) it has not defaulted in payment of interest or principal in respect of fixed deposits or debt securities issued by it; (d) it has not defaulted in respect of the payment of statutory dues of the employees, such as, contribution to provident fund, gratuity and bonus; (e) the partly paid-up shares, if any outstanding on the date of allotment, are made fully paid-up; (f) it complies with such conditions as may be prescribed. Section 63(3): The bonus shares shall not be issued in lieu of dividend.
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