Section 23 — Public offer and private placement
(1) A public company may issue securities—
(a) to public through prospectus (herein referred to as “public offer ”) by complying with the
provisions of this Part; or
(b) through private placement by complying with the provisions of Part II of this Chapter; or
(c) through a rights issue or a bonus issue in accordance with the provisions of this Act and in case
of a listed company or a company which intends to get its securities listed also with the provi sions of
the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules and regulations made
thereunder.
(2) A private company may issue securities—
(a) by way of rights issue or bonus issue in accordance with the provisions of this Act; or
(b) through private placement by complying with the provisions of Part II of this Chapter.
5[(3) Such class of public companies may issue such class of securities for the purposes of listing on
permitted stock exchanges in permissible foreign jurisdictio ns or such other jurisdictions, as may be
prescribed.
(4) The Central Government may, by notification, exempt any class or classes of public companies
referred to in sub-section (3) from any of the provisions of this Chapter, Chapter IV, section 89, section 90
or section 127 and a copy of every such notification shall, as soon as may be after it is issued, be laid before
both Houses of Parliament.]
Related sections
- Section 24 — Power of Securities and Exchange Board to regulate issue and transfer of securities,
- Section 25 — Document containing offer of securities for sale to be d eemed prospectus
- Section 26 — Matters to be stated in prospectus
- Section 27 — Variation in terms of contract or objects in prospectus
- Section 28 — Offer of sale of sha res by certain members of company
- Section 29 — Public offer of securities to be in dematerialised form
- Section 30 — Advertisement of prospectus
- Section 31 — Shelf prospectus
- Section 32 — Red herring prosp ectus
- Section 33 — Issue of application forms for securities
- Section 34 — Criminal liability for mis-statements in prospectus
- Section 35 — Civil liability for mis-statements in prospectus
- Section 36 — Punishment for fraudulently inducing persons to invest money
- Section 37 — Action by affected persons
- Section 38 — Punishment for personation for acquisition, etc., of securities
- Section 39 — Allotment of securities by company
- Section 40 — Securities to be dealt with in stock ex changes
- Section 41 — Global depository receip t