Who is not eligible for making public issue of specified securities under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 ?

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2016
Who is not eligible for making public issue of specified securities under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 ?

Answer & Explanation:

Regulation 4 (2) - General Condition for public issue and rights issue under the SEBI (ICDR) Regulations, 2009 state that the following public companies are not eligible to make a public issue or rights issue of specified securities, where: The issuer, any of its promoters, promoter group or directors or persons in control of the issuer are debarred from accessing the capital market by SEBI; If any of the promoters, directors or persons in control of the issuer was or also is a promoter, director or person in control of any other company which is debarred from accessing the capital market under any order or directions made by SEBI; Unless it has made an application to one or more recognised stock exchanges for listing of specified securities on such stock exchanges and has chosen one of them as the designated stock exchange: In case of an initial public offer, the issuer shall make an application for listing of the specified securities in at least one recognised stock exchange having nationwide trading terminals; Unless it has entered into an agreement with a depository for dematerialisation of specified securities already issued or proposed to be issued; Unless all existing partly paid-up equity shares of the issuer have either been fully paid up or forfeited; Unless the company has made firm arrangements of finance through verifiable means towards seventy five per cent of the stated means of finance, excluding the amount to be raised through the proposed public issue or rights issue or through existing identifiable internal accruals.

Topics: SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009

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