SH – 8

Letter of offer

• eForm SH-8 is required to be filed pursuant to Section 68 of the Companies Act 2013 rule 17(2) of the Companies (Share Capital & Debentures) Rules, 2014

• eForm SH-8 is required to be filled by the company for presenting letter of offer for buyback of its own shares or other securities. Letter of offer shall be filed by a company authorized by a special resolution for buyback of its own shares or other securities with the Registrar of Companies in eForm SH-8 before buy back.

• Enter the details of directors and key managerial personnel and the same shall be minimum three in case of public company and two in case of private company and one in case of OPC
• Present Capital structure of the company
• Enter the details of authorized and subscribed share capital which shall be minimum 1 lakh in case of private and OPC company and 5 lakh in case of a public company.
• Enter the date of Board of directors’ resolution approving or authorizing the buy back of securities.
• In case the buy back has been authorized by the members of the company, then enter the date of the special resolution of members. And also enter SRN of MGT-14 which is filed for such special resolution authorizing buy back.
• Enter the date of opening of offer.
• Enter the date of proposed completion of buy back which shall not exceed by more than twelve months from the date of special resolution or board resolution as the case may be.

• Enter the date of extinguishment of securities which shall not be more than seven days from the date of completion of buy back of securities.

Attachments:

• Details of the promoters of the company.
• Declaration by auditor(s).
• Certified true copy of the board resolution authorizing buy back.
• Copy of the notice of the general meeting issued under section 68(3) along with the explanatory Statement thereto,

• Audited financial statements of last three years.
• Buy back details of last three years is mandatory in case company has done any buy back in the last three years.
• Management discussion and analysis is mandatory in case of listed company.
• List of holding and subsidiary companies of the company if applicable
• Unaudited financial statements if applicable
• Statutory approvals received (if any)

• Details of the auditor, legal advisors, bankers and trustees (if any)

Fees:

In case of company having share capital

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