Section 49 of the Companies Act, 2013
Section 49 of the Companies Act, 2013 deals with the “Calls on shares of same class to be made on uniform basis.”
📘 Full Text of Section 49:
"Where a company issues shares of a particular class, it shall not make any call on the shares of that class otherwise than on a uniform basis on all shares falling under that class.
For the purposes of this section, shares of the same nominal value on which different amounts have been paid-up shall not be deemed to fall under the same class."
✅ Key Points:
Uniform Call Requirement:
If a company decides to make a call (i.e., demand payment of unpaid share capital), it must do so equally for all shareholders holding shares of the same class.
Exception – Not Same Class:
If some shares of the same nominal value have different amounts paid-up, they will be considered not to be of the same class, and uniformity is not required.
🧾 Example:
Suppose a company has issued equity shares of ₹10 each.
Some shareholders have paid ₹5, and others ₹7.
Even though the face value is ₹10, since paid-up amounts differ, these shares are not treated as the same class.
So, the company may make a call only on one group and not the other.
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