Wadhwani Enterprises Limited, an unlisted company, has decided to bring an initial public offer and filed a draft offer document with SEBI. The company is not able to correctly interpret a circular issued by SEBI. The ma

CS Executive · Securities Laws and Capital Markets · PYQS · June 2021
Wadhwani Enterprises Limited, an unlisted company, has decided to bring an initial public offer and filed a draft offer document with SEBI. The company is not able to correctly interpret a circular issued by SEBI. The managing director of the Company wants to seek informal guidance under SEBI Informal Guidance Scheme. Ramesh, director of the company is of a view that since the company is not yet listed so company cannot seek informal guidance from SEBI. Being a company secretary, advise on the following matters: Who can apply for informal guidance? Whether company can apply for informal guidance in the given situation ?

Answer & Explanation:

The following persons may make a request for informal Guidance under the SEBI (Informal Guidance) Scheme, 2003: Any intermediary registered with the SEBI; Any listed company; Any company which intends to get any of its securities listed and which has filed either a listing application with any stock exchange or a draft offer document with the SEBI or the Central Listing authority; Any mutual fund trustee company or asset management company; Any acquirer or prospective acquirer under the SEBI (Substantial Acquisition of Shares & Takeovers) Regulations, 1997. [Now the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011] In the given case, since Wadhwani Enterprises Limited is an unlisted company and filed draft offer document with SEBI, therefore, it can apply to SEBI under informal guidance scheme.

Topics: SEBI (Informal Guidance) Scheme

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