Distinguish between the following: (iii) 'Private placement' and 'preferential issue'.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2015
Distinguish between the following: (iii) 'Private placement' and 'preferential issue'.

Answer & Explanation:

As per the explanation under Section 42(2) private placement means any offer of securities or invitation to subscribe securities to a select group of persons by a company (other than by way of public offer) through issue of private placement offer letter which satisfies the conditions specified in Section 42. Preferential Offer means an issue of shares or other securities, by a Company to any select person or group of persons on a preferential basis and does not include shares or other securities offered through a public issue, rights issue, employee stock option scheme, employee stock purchase scheme or an issue of sweat equity shares or bonus shares or depository receipts issued in a country outside India or foreign securities. Preferential allotment is offer of securities to persons other than the existing holders, under Section 62(1)(c). When a listed issuer issues shares or convertible securities, to a select group of persons in terms of provisions of Chapter VII of SEBI (ICDR) Regulations, 2009, it is also called a preferential issue. The issuer is required to comply with various provisions which inter-alia include pricing, disclosures in the notice, lock-in etc, in addition to the requirements specified in the Companies Act.

Topics: Capital Markets

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