The term 'Internal Reconstruction' includes _______________.
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Reduction of Share Capital
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Variation in Shareholder's rights
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Alteration of Share Capital
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All of the above
Internal reconstruction is a method in which the reconstruction is undertaken without winding up the company and forming a new one. It involves a reduction in the share capital of the company. It also relieves the company from its debts and losses through negotiation with the creditors. Thus, we can say that it is the internal rearrangement of the financial structure of the company.
The various methods of internal reconstruction are:
1. Alteration of Share Capital: The alteration in the share capital can be done either by sub-division and consolidation of shares or by conversion of shares into stock or stock into shares.
2. Variation of Shareholder’s rights: As per Section 47(7) of the Companies Act, 1956 the company can vary the rights of the shareholders with the consent in writing of the holders of three-fourths of the issued and outstanding shares of that class. It can also do so with the sanction of a resolution passed by a majority of the votes cast at a separate general meeting.
3. Reduction of Share Capital: The Company can reduce share capital by share cancellations or buybacks.
4. Compromise/Arrangement: Under this method, an agreement is made between the company and its members and outside liabilities in case of financial crisis whereby a sacrifice is made by the shareholders, creditors or debenture holders.
5. Surrender of Shares: In this method, the shareholders are made to surrender their shares so that these can be allotted to debenture holders and creditors so as to reduce their liabilities.
Thus, the correct answer is D.