Friday, April 13, 2012

ICDR - 2009 - India - Public Issue - IPO - SEBI Regulation - Part 7

Advertisement - preissue, Issue opening and closing, Period of subscription, Minimum application value, Allotment procedure, and Utilization of proceeds
 
 
Issues Covered
 
 

Period of subscription

(Section 46)

(1) A public issue shall be kept open for at least three working days but not more than ten working

days including the days for which the issue is kept open in case of revision in price band.

(2) In case the price band in a public issue made through the book building process is revised, the

bidding (issue) period disclosed in the red herring prospectus shall be extended for a minimum period

of three working days:

Provided that the total bidding period shall not exceed ten working days.

Pre-issue advertisement for public issue

Section 47

(1) Subject to the provisions of section 66 of the Companies Act, 1956, the issuer shall, after

registering the red herring prospectus (in case of a book built issue) or prospectus (in case of fixed

price issue) with the Registrar of Companies, make a pre-issue advertisement in one English

national daily newspaper with wide circulation, Hindi national daily newspaper with wide

circulation and one regional language newspaper with wide circulation at the place where the

registered office of the issuer is situated.

(2) The pre-issue advertisement shall be in the format and shall contain the disclosures specified in

Part A of Schedule XIII

.

Issue opening and issue closing advertisement for public issue (Section 48)

An issuer may issue advertisements for issue opening and issue closing advertisements, which

shall be in the formats specified in

Parts B and C of Schedule XIII.

Minimum application value (Section 49)

(1) The issuer shall stipulate in the offer document, the minimum application size in terms of

number of specified securities which shall fall within the range of minimum application value of

five thousand rupees to seven thousand rupees.

(2) The issuer shall invite applications in multiples of the minimum application value, an illustration

whereof is given in

Schedule XIV.

(3) The minimum sum payable on application shall not be less than twenty five per cent. of the issue

price:

Provided that in case of an offer for sale, the issue price payable for each specified security shall be

brought in at the time of application.

Explanation

:

For the purpose of this regulation, “minimum application value” shall be with reference

to the issue price of the specified securities and not with reference to the amount payable on

application.

Allotment procedure and basis of allotment (Section 50)

(1) The allotment of specified securities to applicants other than anchor investors shall be on

proportionate basis within the specified investor categories and the number of securities allotted

shall be rounded off to the nearest integer, subject to minimum allotment being equal to the

minimum application size as determined and disclosed by the issuer.

(2) The executive director or managing director of the designated stock exchange along with the

post issue lead merchant bankers and registrars to the issue shall ensure that the basis of allotment

is finalised in a fair and proper manner in accordance with the allotment procedure as specified in

Schedule XV

.

Utilisation of subscription money (Section 51)

The post-issue lead merchant banker shall ensure that moneys received in respect of the issue

are released to the issuer in compliance with the provisions of section 73 of the Companies Act,

1956.

Original knol - http://knol.google.com/k/narayana-rao/icdr-2009-india-public-issue-ipo-sebi/2utb2lsm2k7a/ 1840

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