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Microlesson · 5-min read

Buyback — Maximum Limits, Debt-Equity Ratio, Notice Requirements

# Buyback — Quantitative Limits & Disclosure Norms

## 1. Maximum Buyback Limit

ParameterLimit
Maximum buyback in any FY25% of (Paid-up Share Capital + Free Reserves)
Equity shares specifically (in a FY)25% of (Paid-up Equity SC + Free Reserves)

## 2. Post-Buyback Debt-Equity Ratio

After buyback, the ratio of secured + unsecured debt to (paid-up capital + free reserves) shall NOT exceed:

```

Debt : Equity = 2 : 1

```

> Rationale: Buyback reduces equity. If debt is too high relative to remaining equity, creditors' interests are at risk.

## 3. Quality Requirement

  • Such shares or securities being bought back must be fully paid-up.
  • Buyback applies to both listed companies (SEBI Regulations apply) and unlisted companies (governed by Rules).

## 4. Notice of General Meeting — Material Disclosures

Where SR is required, the notice of the general meeting must contain certain material facts. Mnemonic: F-A-C-T

LetterDisclosure
FFull material Facts
AAmount to be invested in buyback
CClass of securities to be bought back
TTime limit for completion

## 5. Modes of Buyback (Who can the company buy from?)

Buyback may be made from:

1. Existing Shareholders — on a proportionate basis

2. Open Market

3. ESOPs / Sweat Equity Shares (SES) holders, etc.

Worked example

### Example 1

Example 1 — 25% limit: ABC Ltd has Paid-up Capital of ₹100 cr and Free Reserves of ₹200 cr (total ₹300 cr). Maximum buyback in a financial year = 25% × ₹300 cr = ₹75 cr.

### Example 2

Example 2 — Debt-Equity ratio check: XYZ Ltd has total debt of ₹400 cr. Post-buyback, its paid-up capital + free reserves will be ₹150 cr. Debt-Equity ratio = 400:150 = 2.67:1, which exceeds 2:1. Buyback of this magnitude is NOT permitted unless debt is reduced first.

### Example 3

Example 3 — Notice contents: A company proposes buyback of 10 lakh equity shares at ₹50 each, to be completed within 6 months. Notice of GM must clearly disclose all material facts, the amount (₹5 crore), class (equity), and time limit (6 months) — failing which the resolution is defective.

⚠️ Common exam mistakes

  • Confusing the BR vs SR threshold (10%) with the absolute maximum buyback limit (25%).
  • Forgetting that buyback shares must be fully paid-up — partly paid shares cannot be bought back.
  • Computing Debt-Equity ratio on pre-buyback figures — it must be checked POST-buyback.
  • Omitting one of the F-A-C-T disclosures in the notice of GM, which can invalidate the SR.
Reference: Section 68(2)(c), (d), (e); 68(3) — Companies Act, 2013
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