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PAS-3

Return of allotment. Report an allotment of shares or other securities.

Who filesCompanies making an allotment, including a private placement or a rights issue.
Governing lawSections 39 and 42
DueWithin 30 days of allotment. A private placement has its own outer date for completing the allotment.
How it is filedMCA V3.
FeeNormal fee. Delay uses the event-form table.
CertificationProfessional certification as the form specifies.

The law

Section 39, and Rule 12 of the Prospectus and Allotment Rules. A private placement is also section 42: a separate bank account, allotment within 60 days of receiving the money, and a refund within 15 days if that allotment is not made.

The deadline

PAS-3 within 30 days of the allotment. Share certificates within two months under section 56, unless the credit is in demat.

If it is missed

A late PAS-3 draws the event-form additional fee. Missing the 60 days on a private placement is a different breach. A late form does not cure a refund that was already due.

The remedy

File PAS-3 for an allotment that was actually made. If the allotment was not made in time, refund the money. Do not describe the refund as a successful allotment.

When to file

  • After the board allots and the money is received.

Attachments

  • Board resolution
  • List of allottees
  • Private placement offer letter where section 42 applies

Steps

  1. Receive money only through banking channels.
  2. Allot.
  3. File PAS-3.
  4. Issue certificates within the period in section 56.

Questions

Is a bonus issue a PAS-3 event?
Yes. An allotment of bonus shares is reported. A rights issue that results in allotment is also reported.

VerifiedAct-sourced — Sections 39 and 42.