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the company wants to issue equity shares in differential rights then need to follow certain conditions: Point e) In F.y 21-22 x company decides to issue such shares then they must file the Financial statement(Balance sheet, P&L, cash Flow & notes) and annual return (AOC-4) for 3 F.Y immediately preceding the F.Y(for 20-21, 19-20 & 18-19) then only they can issue such shares. In case company fails to file such return then company issue differential right share.
For issuing equity shares with differential rights the company need to follow certain conditions one of them is e) The company should not have defaulted in filing FS& annual return , for 3 financial years immediately preceding the financial year in which the company wants to issue . If company fails in filing the financial statements& Annual return , then it cannot issue such shares.