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Microlesson · 5-min read

Calls on Shares and Incidental Matters (Sections 49, 50, 51)

# Calls on Shares and Incidental Matters

A call is a demand by the company on its shareholders to pay the unpaid portion of their partly paid-up shares. Calls are governed by Sections 49, 50, and 51.

## 1. Introduction (Section 49)

### What is a Call?

A call is the mechanism through which the company enforces the liability of a shareholder to pay the full value of partly paid-up shares.

### Statutory Basis

  • Section 10(2): Money payable by a shareholder under the MOA/AOA is a debt to the company.
  • The liability only arises after a valid call has been made.

### Related Sections

SectionSubject
Sec 49Uniformity of calls
Sec 50Calls in advance
Sec 51Dividends on paid-up capital

## 2. Section 49 — Calls Must Be on Uniform Basis

### Rule

Calls must be made uniformly on all shareholders within the same class of shares.

### Exception

Shares of the same nominal value but with different paid-up amounts do NOT fall in the same class for purposes of uniform calls.

### Voluntary Part Payment

A shareholder may voluntarily tender part of a call amount, and the company is obligated to accept it.

## 3. Section 50 — Calls in Advance

### Conditions

  • The AOA must authorise acceptance of calls in advance.
  • The company may accept amounts which have not yet been called up.

### Effect on Voting

  • Calls received in advance do NOT confer voting rights until the amount is officially called up.
  • However, the company may pay interest on calls in advance, as per AOA.

## 4. Section 51 — Dividends on Paid-Up Capital

### Pro-rata Dividend

  • If the AOA permits, dividend may be paid proportionately to the paid-up amount on shares.
  • The Board may decide pro-rata dividend distribution when all equity shares are not equally paid up.

### Including Calls in Advance

Calls in advance can be included in the paid-up amount for proportional dividend calculation (subject to AOA).

### Preference Shares

Preference share dividend is always paid at a fixed rate — pro-rata principle does not change this.

## Visual Summary

```

CALLS — Sections 49, 50, 51

├── Sec 49: UNIFORM CALLS

│ └── Same class → Equal calls

│ └── Partial payment must be accepted

├── Sec 50: CALLS IN ADVANCE

│ ├── Needs AOA authorisation

│ ├── No voting rights on advance amount

│ └── Interest payable (per AOA)

└── Sec 51: PRO-RATA DIVIDEND

├── On paid-up capital (incl. advance, if AOA)

└── Preference: always fixed rate

```

## Key Difference: Call vs Advance

FeatureCallCall in Advance
InitiationBy companyBy shareholder
LiabilityMandatory once madeVoluntary
Voting rightsImmediatelyNOT until called
Interest payableNoYes (per AOA)

Worked example

### Example 1

Example 1 — Uniform Calls: ABC Ltd has 10,000 equity shares of ₹100 face value, with ₹60 paid-up. The Board makes a call of ₹20. Must this be made uniformly?

Answer: Yes. Section 49 mandates that calls within a class be uniform. The company must call ₹20 from each of the 10,000 shareholders equally.

### Example 2

Example 2 — Calls in Advance: A shareholder voluntarily pays ₹40 in advance on shares that are ₹60 paid-up out of ₹100. Will he get voting rights for the ₹40 advance?

Answer: No. Section 50 provides that calls in advance do NOT confer voting rights. He continues to vote only in proportion to the ₹60 actually called. He is, however, entitled to interest on ₹40 if the AOA so provides.

### Example 3

Example 3 — Pro-rata dividend: A company has two classes of equity: 1,000 shares with ₹100 paid-up and 500 shares with ₹50 paid-up. If dividend is declared at 10%, how is it apportioned?

Answer: Pro-rata to paid-up: Class A: 1,000 × ₹100 × 10% = ₹10,000; Class B: 500 × ₹50 × 10% = ₹2,500. Total dividend = ₹12,500.

⚠️ Common exam mistakes

  • Confusing calls with calls in advance — calls are initiated by the company, advances are voluntary by shareholders.
  • Granting voting rights for calls in advance — Section 50 expressly denies them.
  • Forgetting that AOA must authorise both calls in advance AND pro-rata dividends — neither is automatic.
  • Treating shares with same nominal value but different paid-up amounts as the same class for uniform calls — they are NOT.
Bare-Act text Sections 49, 50, 51 · Companies Act, 2013 · click to expand
Section 49 – Where any calls for further share capital are made on the shares of a class, such calls shall be made on a uniform basis on all shares falling under that class. Section 50(1) – A company may, if so authorised by its articles, accept from any member, the whole or a part of the amount remaining unpaid on any shares held by him, even if no part of that amount has been called up. Section 50(2) – A member of the company limited by shares shall not be entitled to any voting rights in respect of the amount paid by him under sub-section (1) until that amount has been called up. Section 51 – A company may, if so authorised by its articles, pay dividends in proportion to the amount paid-up on each share.
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