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Microlesson · 5-min read

Redemption of Preference Shares - Sources & Conditions (Section 55)

# Redemption of Preference Shares — Sources and Conditions

## Permitted Sources of Redemption

A company can redeem preference shares only out of:

1. Profits of the company which would otherwise be available for dividend, OR

2. Proceeds of a fresh issue of shares made for the purposes of such redemption.

> Key takeaway: Capital cannot be used to redeem preference shares — only distributable profits or fresh share proceeds.

## Core Conditions

### 1. Shares Must Be Fully Paid

Only fully paid-up preference shares can be redeemed. Partly-paid preference shares cannot be redeemed.

### 2. Capital Redemption Reserve (CRR)

Where redemption is out of profits:

  • A sum equal to the nominal amount of shares redeemed must be transferred to a reserve called the Capital Redemption Reserve (CRR).
  • The CRR must be maintained with the same sanctity as paid-up share capital.
  • CRR can be reduced only in the manner in which paid-up share capital can be reduced under the Act.

### 3. Source of Premium Payable on Redemption

Type of CompanySource for Premium on Redemption
Prescribed class of companies whose FS comply with AS u/s 133Only out of profits of the company, before redemption
Premium on pref shares issued before commencement of the 2013 Act by such companiesOut of profits OR securities premium account
Any other company (not covered above)Out of profits OR securities premium account

## Utilisation of CRR

The CRR may be applied in paying up unissued shares of the company to be issued to members as fully paid bonus shares. This is the only permitted use.

## Memory Aid — The 3 Cs

  • Cash source: Profits or fresh issue only
  • CRR transfer: Equal to nominal amount when redeemed from profits
  • Conversion: CRR → bonus shares only

Worked example

### Example 1

Example 1 — CRR Computation:

ABC Ltd redeems 10,000 preference shares of ₹100 each at a premium of ₹10 per share, out of profits.

  • Nominal value redeemed = 10,000 × ₹100 = ₹10,00,000
  • Amount to be transferred to CRR = ₹10,00,000 (equal to nominal value)
  • Premium payable (₹1,00,000) — provided from profits or securities premium per applicable rule.

### Example 2

Example 2 — Sources Test:

XYZ Ltd proposes to redeem preference shares using ₹5,00,000 from share capital account.

Answer: NOT permissible. Redemption can only be from (i) profits available for dividend, or (ii) fresh issue proceeds. Share capital cannot be used.

### Example 3

Example 3 — CRR Utilisation:

A company has ₹20 lakh in CRR. It wants to use this to pay a cash dividend.

Answer: Not allowed. CRR can only be used to pay up unissued shares as fully paid bonus shares — not for cash dividend or general purposes.

⚠️ Common exam mistakes

  • Forgetting that only FULLY paid preference shares can be redeemed.
  • Treating CRR as a free reserve — it has the sanctity of paid-up share capital.
  • Using CRR for purposes other than bonus issue (e.g., for dividend or buy-back).
  • Confusing the source of premium: for prescribed AS-compliant companies, only profits may be used (not securities premium) for shares issued after 2013 Act.
  • Believing fresh issue of debentures can fund redemption — only fresh share issue qualifies.
Bare-Act text Section 55 · Companies Act, 2013 · click to expand
Section 55 of the Companies Act, 2013 governs redemption of preference shares. Redemption shall be out of profits available for dividend or proceeds of a fresh issue. Shares to be redeemed must be fully paid. Where redeemed out of profits, a sum equal to nominal value shall be transferred to Capital Redemption Reserve, which shall be treated as paid-up share capital.
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