Critically examine the following: Negative net worth is not the sole criteria to delist the securities by a recognised stock exchange.

CS Executive · Capital Markets & Securities Laws · PYQS · December 2021
Critically examine the following: Negative net worth is not the sole criteria to delist the securities by a recognised stock exchange.

Answer & Explanation:

Examination: The statement is correct. Rule 21 of the Securities Contracts (Regulation) Rules, 1957 deals with delisting of Securities. A recognized stock exchange may, without prejudice to any other action that may be taken under the Securities Contracts (Regulation) Act, 1956 or under any other law, delist any securities listed thereon on any of the following grounds in accordance with the regulations made by SEBI, namely: The company has incurred losses during the preceding three consecutive years and it has negative net worth. (This is one of the criteria, but not the sole one). Trading in the securities of the company has remained suspended for a period of more than six months. The securities of the company have remained infrequently traded during the preceding three years. The company or any of its promoters or any of its director has been convicted for failure to comply with any of the provisions of the Act or the SEBI Act, 1992 or the Depositories Act, 1996 or rules, regulations, agreements made thereunder, as the case may be and awarded a penalty of not less than ₹1 crore or imprisonment of not less than three years. The addresses of the company or any of its promoter or any of its directors, are not known or false addresses have been furnished or the company has changed its registered office in contravention of the provisions of the Companies Act, 2013. Shareholding of the company held by the public has come below the minimum level applicable to the company as per the listing agreement under the Act and the company has failed to raise public holding to the required level within the time specified by the recognized stock exchange. However, no securities shall be delisted unless the company concerned has been given a reasonable opportunity of being heard. Thus, it is clear that negative net worth combined with consecutive losses is one of the grounds, but there are several other independent grounds for delisting, confirming that it is not the sole criterion.

Topics: Delisting of Securities

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