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As per the notified section 247(1), where a valuation is required to be made in respect of any property, stocks, shares, debentures, securities or goodwill or any other assets or net worth of a company or its liabilities under the provision of this Act, it shall be valued by a person having such qualifications and experience and registered as a valuer in such manner, on such terms and conditions as may be prescribed and appointed by the audit committee or in its absence by the Board of Directors of that company
Scope for Valuation of Securities and Financial Assets
1) Preferential Offer - When a company proposes to issue new shares, the price of such shares should be determined by the valuation report of a Registered Valuer.
2) Issuance of Sweat Equity Shares – Valuation mandatory by registered valuer in case of issue of sweat equity shares
3) Compromises, Arrangements and Amalgamations (includes merger & demerger) - In case of compromise or arrangement between members or with creditors or any class of them, a valuation report in respect of shares, property or assets, tangible and intangible, movable and immovable of the company is required by a Registered Valuer.
4) Purchase of minority share holding - Where an acquirer or person acting in concert with the acquirer acquires 90% or more of the equity capital in a company, then they can offer to the minority shareholder or the minority shareholder can offer to the acquirer, to acquire the minority shareholding at a valuation determined by the Registered Valuer.
5) Non-cash transaction involving directors - Where there is a sale or purchase of any asset involving a company and its directors (or its holding, subsidiary or associate company) or a person connected with the director for consideration other than cash, the value of the assets has to be calculated by a Registered Valuer.
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