Conditions.

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....profits in terms of section 205 of the Companies Act, 1956 for ^[1][* * *] three financial years preceding the year in which it was decided to issue such shares; 2. the company has not defaulted in filing annual accounts and annual returns for three financial years immediately preceding the financial year ^[2][* * *] in which it was decided to issue such share; 3. the company has not failed ....

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....Postal Ballot; 9. the notice of the meeting at which resolution is proposed to be passed is accompanied by an explanatory statement stating-      (a) the rate of voting right which the equity share capital with differential voting right shall carry;      (b) the scale or in proportion to which the voting rights of such class or type of shares will v....