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The Board approved the SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations, 2013 thereby providing a comprehensive regulatory framework for issuance and listing of non-convertible redeemable preference shares.
The Stock Exchanges are advised to report to SEBI, the action taken in this regard in the Monthly/Quarterly Development Report.
We have no hesitation to come to a finding that the first respondent company was inviting shares from public by virtue of notice dated 15.2.2001 and going by the deeming provision under s.67(1) and (2) necessarily the company has to comply with the procedure prescribed for inviting public issue of shares. It is needless to state that the Companies Act is a codifying statute. From the preamble to the Companies Act itself it is clear that it is to consolidate and amend the law relating to companies and certain other associations.
Admittedly, these two writ petitions have been filed challenging the orders passed by the respondent SEBI under Sections 11 and 11(b) of the Act 15 of 1992 against the company as well as Mr. A. Venkatramani, the promoter. As against that, an appeal has to be filed before the Appellate Tribunal. Further Section 29 of the Act, 1992, enables the Government to make Rules for carrying out the purposes of the Act and the notification issued by the Central Government under Rule 5(2) is valid in law.
This circular is issued in exercise of the powers conferred under section 11 of the Securities and Exchange Board of India Act, 1992, read with regulation 100 of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009.
Procedures for Foreign Portfolio Investors Simplified-Several Measures Announced to Strengthen Capital Markets Terming the Indian markets as amongst the best regulated the Finance Minister announced several measures to strengthen the capital market regulator SEBI on the eve of its Silver Jubilee. The DepositoryParticipants authorized by SEBI will now register different classes of portfolio investors subject […]
In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following Regulations to further amend the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009.
CS Kiran Kumar Guptha B The SEBI, vide Circular No. CIR/CFD/DIL/5/2013 dated February 4, 2013 by rescinding the Circular No. SEBI/CFD/SCRR/01/2009/03/09 dated September 03, 2009, has revised the requirements for the Stock Exchanges and Listed companies desirous of undertaking a Scheme of Arrangement (Amalgamation/ Merger/ Reconstruction/ Reduction Of Capital, etc.) Under sections 391, 394 and […]
As CA certificate did not conform to the provisions contained in the regulations which requires that the certificate of the Chartered Accountant should be in confirmation of the Audited Accounts of the promoters/applicant for the five years preceding the date of the application. We are unable to approve the observations made by SAT that “neither the regulations nor the eligibility criteria in Form A requires the applicant to produce the annual accounts of the promoter.”
Minimum subscription would have to be calculated after taking into account the requests made for withdrawal of share application. There is another reason for coming to the same conclusion. Undoubtedly, in this case like in other public issues, there are rejections by a Registrar based on various technical grounds. If as per the clause of minimum subscription, the minimum subscription had to be calculated as on the date of closure, it would be well-nigh impossible to carry out that exercise as more often than not the rejections are made even after the date of closure.
