"Right issue as identified in the SEBI Regulations is an issue of capital under Section 62 of the Companies Act, 2013 to be offered to the existing shareholders of the company through a letter of offer". Enumerate the st

CS Executive · Capital Markets & Securities Laws · PYQS · June 2018
"Right issue as identified in the SEBI Regulations is an issue of capital under Section 62 of the Companies Act, 2013 to be offered to the existing shareholders of the company through a letter of offer". Enumerate the steps involved in issue and listing of rights shares.

Answer & Explanation:

The various steps involved for issue & listing of rights share are enumerated below: Check whether the rights issue is within the authorised share capital of the company. If not, steps should be taken to increase the authorised share capital. In case of a listed company, notify the stock exchange concerned the date of Board Meeting at which the rights issue is proposed to be considered at least 2 days in advance of the meeting. Rights issue shall be kept open for at least 15 days and not more than 30 days. Convene the Board meeting and place before it the proposal for rights issue. The Board of directors should decide on the following matters: Quantum of issue and the proportion of rights shares. Alteration of share capital, if necessary, and offering shares to persons other than existing holders of shares in terms of Section 62 of the Companies Act, 2013. Fixation of record date. Appointment of merchant bankers and underwriters (if necessary). Approval of draft letter of offer or authorisation of managing director/company secretary to finalise the letter of offer in consultation with the managers to the issue, the stock exchange and SEBI. Immediately after the Board Meeting notify the concerned Stock Exchanges about particulars of Board of Director's decision. If it is proposed to offer shares to persons other than the shareholders of the company, a General Meeting has to be convened and a resolution is to be passed for the purpose in terms of Section 62 of the Companies Act, 2013. Forward 6 sets of letter of offer to concerned Stock Exchange(s). Despatch letters of offer to shareholders by registered post. Check that an advertisement giving date of completion of despatch of letter of offer has been released in at least an English National Daily, one Hindi National Paper and a Regional Language Daily where registered office of the issuer company is situated. Check that the advertisement contains the list of centres where shareholders or persons entitled to rights may obtain duplicate copies of composite application forms in case they do not receive original application form alongwith the prescribed format on which application may be made. The applications of shareholders who apply both on plain paper and also in a composite application form are liable to be rejected. Make arrangement with bankers for acceptance of share application forms. Prepare a scheme of allotment in consultation with Stock Exchange. Convene Board Meeting and make allotment of shares. Make an application to the Stock Exchange(s) where the company's shares are listed for permission of listing of new shares.

Topics: Corporate Actions

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