Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Public Offer of Securities to be in Dematerialised Form (Sec 29)

# Section 29 — Securities in Dematerialised Form

## A. Sec 29(1) — Public Offer Companies (Overriding Effect)

Every company:

  • Making a public offer; AND
  • Any other prescribed class of companies

…must issue their securities only in dematerialised form.

Compliance with the Depositories Act, 1996 (and its regulations) is mandatory.

## B. Sec 29(1A) — Prescribed Unlisted Companies (2019 Amendment)

For prescribed unlisted companies:

  • Securities shall be held or transferred only in dematerialised form.
  • Compliance with the Depositories Act, 1996 (and its regulations) is required.

This amendment extends demat to certain unlisted entities (e.g., unlisted public companies as per MCA rules).

## C. Sec 29(2) — Other Companies (Flexibility)

Any other companies (not covered above) may:

1. Convert existing securities into dematerialised form; or

2. Issue securities in physical form as per the Act; or

3. Issue securities in dematerialised form under the Depositories Act, 1996.

## Why Demat?

  • Reduces fraud and forgery (no physical certificates).
  • Faster transfer and settlement.
  • Aligns with the Depositories Act framework (CDSL / NSDL).

## Memory Map

Class of CompanyDemat Status
Public offer companiesMandatory (only demat)
Prescribed unlisted public companiesMandatory (hold/transfer in demat)
Other companiesOptional (physical or demat both allowed)

Worked example

### Example 1

Example: ABC Ltd. is making an IPO. Can it issue 10% of the shares in physical form and 90% in demat?

Answer: No. Under Sec 29(1), a company making a public offer must issue securities only in dematerialised form — there is no flexibility for physical issuance.

⚠️ Common exam mistakes

  • Believing all companies must compulsorily issue securities in demat — only public-offer and prescribed companies have this obligation.
  • Confusing Sec 29(1) (public offer) with Sec 29(1A) (prescribed unlisted) — different triggers.
  • Forgetting that 'other companies' under Sec 29(2) have a choice between physical and demat.
Bare-Act text Section 29 · Companies Act, 2013 · click to expand
Section 29(1): Notwithstanding anything contained in any other provisions of this Act,— (a) every company making public offer; and (b) such other class or classes of public companies as may be prescribed, shall issue the securities only in dematerialised form by complying with the provisions of the Depositories Act, 1996 and the regulations made thereunder.
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic