The Ministry Corporate Affairs (MCA) has, since 2017, notified Section 247 of the Companies Act (CA), 2013 and introduced the Companies (Registered Valuers and Valuation) Rules, 2017. The Ministry Corporate Affairs has appointed the Insolvency and Bankruptcy Board of India (IBBI) as the authority for apply the new rules of Registered Valuers apart from insolvency resolution professionals (IRP).
- Any person, who may be providing valuation services under Act, on the date of onset of these rules, may continue to render valuation service without a certificate of registration under these rules upto 31st Jan, 2019:
- Provided that if a company has arrange any valuer before such date and the valuation or any part of it has not been finished before 31st January, 2019, the valuer shall finish such valuation or such parth with 3 months thereafter.
That means valuation assignment after 30th April in Companies Act, 2013 is to be done by a register valuer only
Valuation required under CA, 2013 for unlisted companies
1. Allotment of securities for consideration other than cash
2. Issue of sweat equity shares
3. For valuation of undertaking or assets of company
4. Private Placement of shares
5. Further issue of shares- Preferential issue of shares
6. Provision of Money by Company for Purchase of its Own Shares by Employees or by Trustees for the Benefit of Employees
7. Payment [other than in cash] to directors by way of compensation.
8. Non Cash transaction involving directors
9. Valuing under a Scheme of Corporate Debt Restructuring
10. Offer of takeover of an unlisted co. as a result of Compromise or Arrangement
11. Under scheme of Compromise or Arrangement with creditors and members [including swap ratio]
12. For reconstruction of com involving Merger, Amalgamation or Demerger
13. Valuation may be required by the Tribunal to provide exist for dissenting shareholders of transferor co.
14. Purchase of minority shareholding [For Valuing Equity Shares held by Minority Shareholders]
15. Valuing assets for submission of report by Company liquidator to NCLT