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Microlesson · 5-min read

Variation in Terms of Contract / Objects in Prospectus (Sec 27)

# Section 27 — Variation in Terms of Contract or Objects in Prospectus

## The Rule

A company cannot vary the terms of a contract or objects stated in the prospectus unless:

  • A Special Resolution (SR) is passed at a general meeting; AND
  • The SR is passed by way of postal ballot.

## Contents of the Notice for SR

The notice convening the SR must contain:

1. Original purpose or object of the issue;

2. Total money raised;

3. Money utilized for the original objects;

4. Progress on originally proposed objects (e.g., 50%, 60%);

5. Unutilized amount from the funds raised;

6. Details of the proposed variation in terms of contract or objects;

7. Justification for the variation;

8. Proposed timeframe to achieve the varied objectives;

9. Clause-wise details of original objects;

10. Risk factors of the new objects;

11. Any other information relevant to enable members to make an informed decision.

## Publicity Requirements

  • The notice of SR must be published in 2 newspapers circulating in the place of the registered office:
  • One in English;
  • One in the vernacular (local) language.
  • The notice must also be posted on the company's website.

## Prohibition on Speculation

The company cannot use the funds raised through the prospectus for:

  • Buying, trading, or dealing in equity shares of any other listed company.

This prevents diversion of public funds into speculative investments.

## Exit Offer to Dissenting Shareholders

  • Dissenting shareholders (those who voted against the variation) must be offered an exit option.
  • The exit is offered by the promoters or controlling shareholders.
  • The exit price and manner are as specified by SEBI.

## Practical Significance

Section 27 protects investors who relied on the original prospectus disclosure. If a company wants to redirect funds, it cannot do so unilaterally — investors get a vote AND a guaranteed exit.

Worked example

### Example 1

Example: ABC Ltd. raised ₹500 crore in its IPO for setting up a new plant. After 6 months, the Board decides to use ₹200 crore instead to acquire a subsidiary. What is the procedure?

Answer:

1. Convene a general meeting via postal ballot.

2. Pass a Special Resolution with full disclosures (purpose, utilization till date, new object, justification, risks).

3. Publish the notice in 2 newspapers (1 English + 1 vernacular) AND on the company website.

4. Offer dissenting shareholders an exit at SEBI-specified price.

5. Funds cannot be used to invest in equity of other listed companies.

⚠️ Common exam mistakes

  • Trying to vary terms via an Ordinary Resolution — SR via postal ballot is mandatory.
  • Forgetting publication in vernacular newspaper.
  • Overlooking the exit offer obligation to dissenting shareholders.
  • Using IPO funds for buying shares of other listed companies — strictly prohibited.
Bare-Act text Section 27 · Companies Act, 2013 · click to expand
Section 27(1): A company shall not, at any time, vary the terms of a contract referred to in the prospectus or objects for which the prospectus was issued, except subject to the approval of, or except subject to an authority given by the company in general meeting by way of special resolution.
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