Companies Act, 1956
Sec 115 - Share
warrants and entries in register of members.
(1) On the issue of a share warrant, the
company shall strike out of its register of members the name of the member then
entered therein as holding the shares specified in the warrant as if he had
ceased to be a member, and shall enter in that register the following
particulars, namely :
(a) the fact of the issue of the warrant ;
(b) a statement of the shares specified in the
warrant, distinguishing each share by its number ; and
(c) the date of the issue of the warrant.
(2) The bearer of a share warrant shall,
subject to the articles of the company, be entitled, on surrendering the
warrant for cancellation and paying such fee to the company as the Board of
Directors may from time to time determine, to have his name entered as a member
in the register of members.
(3) The company shall be responsible for any
loss incurred by any person by reason of the company entering in its register
of members the name of a bearer of a share warrant in respect of the shares
therein specified, without the warrant being surrendered and cancelled.
(4) Until the warrant is surrendered, the
particulars specified in sub-section (1) shall be deemed to be the particulars
required by this Act to be entered in the register of members ; and, on the
surrender, the date of the surrender shall be entered in that register.
(5) Subject to the provisions of this Act, the
bearer of a share warrant may, if the articles of the company so provide, be
deemed to be a member of the company within the meaning of this Act, for any
purposes defined in the articles.
(6) If default is made in complying with any
of the requirements of this section, the company, and every officer of the
company who is in default, shall be punishable with fine which may extend to
five hundred rupees for every day during which the default continues.