Explain the eligibility conditions for the Fast Track Follow-on Public Offer (FPO).

CS Professional · Corporate Funding & Listings in Stock Exchanges · PYQS · June 2022
Explain the eligibility conditions for the Fast Track Follow-on Public Offer (FPO).

Answer & Explanation:

The eligibility conditions for the Fast Track Follow-on Public Offer (FPO) are as follows: Listing: Equity shares of the issuer have been listed on any stock exchange for a period of at least three years immediately preceding the reference date; Demat Form: Entire shareholding of the promoter group of the issuer is held in dematerialised form on the reference date; Market Capitalisation: Average market capitalisation of public shareholding of the issuer is at least one thousand crore rupees in case of public issue and two hundred and fifty crore rupees in case of rights issue; Trading Turnover: Annualised trading turnover of the equity shares of the issuer during six calendar months immediately preceding the month of the reference date has been at least two per cent of the weighted average number of equity shares listed during such six month's period. However if the public shareholding is less than 15% of its issued equity capital, the annualised trading turnover of its equity shares has been at least 2% of the weighted average number of equity shares available as free float during such six months' period; Delivery based Trading: Annualized delivery-based trading turnover of the equity shares during six calendar months immediately preceding the month of the reference date has been at least ten per cent of the annualised trading turnover of the equity shares during such six months period; Compliance with LODR: Issuer has been in compliance with the equity listing agreement or the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, as applicable, for a period of at least three years immediately preceding the reference date; Investor Complaints: Issuer has redressed at least ninety- five per cent of the complaints received from the investors till the end of the quarter immediately preceding the month of the reference date; No show cause Notices: No show-cause notices have been issued or prosecution proceedings have been initiated by SEBI and pending against the issuer or its promoters or whole-time directors as on the reference date: Point no. 8, 9 and 12 have been substituted by the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2022 w.e.f. 14.1.2022. Substituted points are as under: 8. no show-cause notices, excluding proceedings for imposition of penalty, have been issued by the Board and pending against the issuer or its promoters or whole time directors as on the reference date: In cases where against the issuer or its promoters or whole time directors, (i) show-cause notice(s) has been issued by the Board or the Adjudicating Officer, in a proceeding for imposition of penalty; or (ii) prosecution proceedings have been initiated by the Board; necessary disclosures in respect of such action(s) along with its potential adverse impact on the issuer shall be made in the offer document No alleged Violations: Issuer or promoter or promoter group or director of the issuer has not settled any alleged violation of securities laws through the consent or settlement mechanism with SEBI during three years immediately preceding the reference date: 9. if the issuer or the promoter or the promoter group or the director of the issuer has settled any alleged violations of securities laws through the settlement mechanism of the Board in the past three years immediately preceding the reference date, then the disclosure of such compliance of the settlement order, shall be made in the offer document. Disciplinary Measures: Equity shares of the issuer have not been suspended from trading as a disciplinary measure during last three years immediately preceding the reference date: Conflict of Interest: There shall be no conflict of interest between the lead manager(s) and the issuer or its group companies in accordance with the applicable regulations. Audit Qualification: Impact of audit qualifications, if any and where quantifiable, on the audited accounts of the issuer in respect of those financial years for which such accounts are disclosed in the letter of Offer does not exceed five per cent of the net profit or loss after tax of the issuer for the respective years: 12. for audit qualifications, if any, in respect of any of the financial years for which accounts are disclosed in the offer document, the issuer shall provide the restated financial statements adjusting for the impact of the audit qualifications. Further, for the qualifications wherein impact on the financials cannot be ascertained, the same shall be disclosed appropriately in the offer document.

Topics: Public Offers

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