Companies Act, 2013
Chapter
III
Prospectus
and Allotment of Securities
PART
I.—Public offer
23.
Public
offer and private placement.
1. A public company may
issue securities—
a.
to
public through prospectus (herein referred to as "public offer") by
complying with the provisions of this Part; or
b.
through
private placement by complying with the provisions of Part II of this Chapter;
or
c.
through
a rights issue or a bonus issue in accordance with the provisions of this Act
and in case of a listed company or a company which intends to get its
securities listed also with the provisions of the Securities and Exchange Board
of India Act, 1992 and the rules and regulations made there under.
1.
2. A private company may
issue securities—
a.
by
way of rights issue or bonus issue in accordance with the provisions of this
Act; or
b.
through
private placement by complying with the provisions of Part II of this Chapter.
Explanation.— For the purposes of
this Chapter, "public offer" includes initial public offer or further
public offer of securities to the public by a company, or an offer for sale of
securities to the public by an existing shareholder, through issue of a
prospectus.