Equity Investments – Compliance Requirements
Section 199View Section of the Companies Act, 2017Download from SECP official site puts some restrictions on investmentView Definition in associated companies and undertakingsView Definition. It requires that when an investment is made, it should have prior approval of shareholders via a special resolutionView Definition. For certain specified categories of companiesView Exemptions notified by SECP, passing of special resolution is however, not required.
As per sub-section (1) of Section 199View Section, the special resolution should indicate nature, period of investment, amount, and its terms and conditions.
As per regulations of 2017 called Companies (Investment in Associated Uompanies or Associated Undertakings) Regulations, 2017Download from SECP official site, the statement annexed with the notice of special resolution sent to the members with the notice of AGM / EOGM, the company shall disclose various information in the statement annexed to the notice, pursuant to sub-section (3) of section 134View Section of the Act, of a general meeting called for considering investment decision under section 199 of the Act.
Click here to view these disclosures.