Companies Act, 2013
46.
Certificate
of shares.
1. A certificate, issued
under the common seal of the company, specifying the shares held by any person,
shall be prima facie evidence of the title of the person to such shares.
2. A duplicate
certificate of shares may be issued, if such certificate —
a.
is
proved to have been lost or destroyed; or
b.
has
been defaced, mutilated or torn and is surrendered to the company.
1.
2.
3. Notwithstanding
anything contained in the articles of a company, the manner of issue of a
certificate of shares or the duplicate thereof, the form of such certificate,
the particulars to be entered in the register of members and other matters
shall be such as may be prescribed.
4. Where a share is held
in depository form, the record of the depository is the prima facie evidence
of the interest of the beneficial owner.
5. If a company with
intent to defraud issues a duplicate certificate of shares, the company shall
be punishable with fine which shall not be less than five times the face value
of the shares involved in the issue of the duplicate certificate but which may
extend to ten times the face value of such shares or rupees ten crores
whichever is higher and every officer of the company who is in default shall be
liable for action under section 447.