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Buyback of Shares - Time Limits, Forms and Procedural Requirements

# Buyback of Shares: Time Limits, Forms & Procedure

## 1. Important Time Limits in Buyback

Time LimitRequirement
1 yearBuyback shall be completed within 1 year from the date of Board Resolution (BR) or Special Resolution (SR).
7 daysShares bought back shall be physically destroyed/extinguished within 7 days of completion of buyback.
1 yearNo fresh buyback shall be made within 1 year from the closure of the preceding buyback.
6 monthsNo fresh issue of same kind of shares within 6 months from closure of buyback, except for: ESOPs, sweat equity shares (SES), conversion of warrants/preference shares/debentures, bonus issue, or rights issue.

## 2. Forms Related to Buyback

FormParticulars
SH-8Letter of offer — company to file with ROC.
SH-9Declaration of solvency — signed by Board, filed with ROC.
SH-10Register of buyback — maintained by company; authenticated by authorised person.
SH-11Return of buyback — filed within 30 days of completion with ROC (and SEBI, if listed).
SH-15Certificate of compliance with the Act, signed by 2 directors (one MD) — filed along with SH-11.

## 3. Procedural Timeline for Buyback

```

Letter of Offer --> Dispatch to SH --> Offer Open --> Close --> Verification --> Payment

(SH-8 to ROC) (within 15 days (Min 15 days, (within 7 days) (within 7 days)

of filing SH-8) Max 30 days)

```

### Key Points in Procedure:

  • Letter of Offer (SH-8) is filed with ROC before dispatch.
  • Dispatch to shareholders within 15 days of filing SH-8.
  • Offer period: Minimum 15 days, Maximum 30 days.
  • If all members agree, the offer period of 15 days is not required.
  • In case of oversubscription, allotment shall be made on a proportionate basis.
  • Verification of offers: within 15 days of closure.
  • Payment: within 7 days of verification.

Worked example

### Example 1

Example 1 — Time limit for fresh buyback:

ABC Ltd completed a buyback on 1st April 2025. When can it undertake the next buyback?

Answer: No fresh buyback is permitted within 1 year from closure of preceding buyback. Therefore, ABC Ltd can undertake the next buyback only on or after 2nd April 2026.

### Example 2

Example 2 — Fresh issue after buyback:

XYZ Ltd completed buyback of equity shares on 1st June 2025. It now wants to issue equity shares by way of bonus on 1st September 2025. Is this allowed?

Answer: Yes. Although fresh issue is prohibited within 6 months from closure, bonus issue is one of the permitted exceptions (along with ESOPs, sweat equity, conversion, rights issue).

### Example 3

Example 3 — Destruction of shares:

A company completed buyback on 10th May 2025. By when must the bought-back shares be physically destroyed?

Answer: Within 7 days of completion of buyback, i.e., by 17th May 2025.

⚠️ Common exam mistakes

  • Confusing the 1-year time limit (completion of buyback from BR/SR) with the 1-year cooling-off period between two buybacks.
  • Forgetting that bonus and rights issues are exceptions to the 6-month fresh issue prohibition.
  • Confusing form numbers — SH-8 (letter of offer), SH-9 (solvency declaration), SH-10 (register), SH-11 (return), SH-15 (compliance certificate).
  • Missing the maximum 30-day offer period limit; some students remember only the minimum 15 days.
  • Forgetting that SH-11 must also be filed with SEBI if the company is listed.
  • Not remembering that proportionate allotment is mandatory in case of oversubscription.
Bare-Act text Section 68 · Companies Act, 2013 · click to expand
Section 68 of the Companies Act, 2013 read with Rule 17 of the Companies (Share Capital and Debentures) Rules, 2014 — buyback shall be completed within 1 year from BR/SR; physical destruction of shares within 7 days; no fresh buyback within 1 year; no fresh issue within 6 months (subject to exceptions).
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