In cases of takeovers or demergers, dissenting shareholders have a right to voice a grievance - enumerate briefly the procedure.
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2019
In cases of takeovers or demergers, dissenting shareholders have a right to voice a grievance - enumerate briefly the procedure.
Answer & Explanation:
As per section 235 of the Companies Act, 2013, the dissenting shareholders have been put at the limit of 10% of the value of the shares of the company. In case of listed companies, SEBI takes cognizance of even a single shareholder to initiate investigation for remedial action under SEBI (SAST) Regulations, 2011. In case of all companies, if promoters resort to take over under section 235 of the Companies Act, 2013, a transferee company, which has acquired 90% shares of a transferor company, through a scheme or contract, is entitled to acquire shares of remaining 10% shareholders. Dissenting shareholders have been provided with an opportunity to approach Tribunal. If the price fixed is not acceptable, even a single shareholder can approach National Company Law Tribunal to seek clarification and justice.
Topics: Takeovers and Demergers
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