Sunday, January 20, 2013

Recent Amendments by SEBI


SEBI in its board meeting dated 18th January 2013 made the following amendments –

Changes in Offer for Sale Mechanism
Offer for Sale is one of the mechanism allowed by SEBI for the Promoters to off load there shares in order to meet the minimum public shareholding criteria. In order to make it simpler following changes have been made for Institutional Orders

Conditions for 100% Upfront Margin Orders
·         Institutions may place orders/bids with 100% upfront margin
·         Modification/cancellation of such orders/bids shall be permitted
·         Settlement of funds and securities shall take place on T+1 day

Without Upfront Margin
·         Institutions may place orders without upfront margin in line with secondary market practice
·         Such bids cannot be modified/cancelled
·         Upward revision in the price or quantity is permitted


Amendment to SEBI Takeover Regulation

Relevant Date for PA in case of combined modes of acquisition
Where open offer obligations are triggered in combination of ay modes of acquisition the relevant date shall be the earliest date on which the obligations are triggered

Relevant Date in case of Preferential Allotment
The date of Board Resolution authorizing the preferential allotment shall be the relevant date instead of date of special resolution

Aligning disclosure requirements with SEBI (Prohibition of Insider Trading) Regulation
Disclosure requirement with regard to buy or sell two percent  by persons holding more than five percent as specified in Takeover Regulations, 2011 shall be modified in line with SEBI (Prohibition of Insider Trading) Regulations, 1992

Clarification on period of 90 days for increase in voting right due to buy back
It has been clarified that the period of 90 days will be reckoned from the date of closure of buyback offer.

Note: There are various other changes apart from those mentioned above. However the above changes are the most significant one.

No comments: