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Legal Aspect

Section 247(1) of the Companies Act 2013 mandates valuation to be carried in respect of any property, stocks, shares , debentures , securities or goodwill or any other asset or net worth of a company or its liabilities under the provision of this act. Whenever a company proposed to make further issue of shares , debentures securities , Restructuring of companies ( includes mergers, demergers or amalgamations), scheme of Corporate Debt Restructuring and winding up of a company the law has mandated to conduct valuation as per the rules prescribed in this behalf and the companies are at onus to obtain Valuation Report from a personhaving such qualification and experience and registered as valuer .

Who is Valuer ?

“Valuer” means a person registered with the authority in accordance with the Companies (Registered Valuers and Valuation) Rules, 2017.
Mr. Tarun Jain is the first Company Secretary listed as a qualified valuer to do valuation of Financial and Securities Assets.

Responsibilitiesof Registered valuer

As per the Companies Act, 2013
A valuer is expected to assume the following responsibilities while carrying out a valuation engagement:

  • Must exercise due diligence and care.
  • must make an impartial, true and fair valuation of assets that are being valued.
  • must make the valuation in accordance with the prescribed rules.
  • is prohibited to undertake valuation of assets in which he has a direct or indirect interest or becomes interested at any time during or after the valuation of that asset.
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Jain & Partners is an ace IPR & Corporate law Consultancy firm having immense experience since year 2001 in the area of IPR laws. It provides services to domestic companies or individuals for their overseas investment and also to foreign companies or individuals for their investment in India in all respects that includes Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc.