PREFERENTIAL ALLOTMENT:
Preferential
issue means issue of equity share to promoter or selected investors. Under
preferential issue an issuer can issue fully convertible debenture, partly
convertible debenture or any other financial instrument which will be converted
into equity share at a later date.
CONDITION FOR PREFERENTIAL ISSUE:
1.
Preferential issue can be made only by listed
issuer.
2.
A special resolution is required to be passed by
its shareholder.
3.
All the shares held by the proposed allottees are
must be in dematerialized form.
4.
Issuer has to comply the listing agreement
regarding the listing of equity share for a continuous period as specified.
5.
The
issuer has obtained the PAN of the proposed allottees.
6.
The proposed allottees will not sold any equity
shares of the issuer during the 6 months preceding the relevant date.
7.
Promoter or promoters group will be ineligible
for preferential issue if they have failed to exercise the warrant.
The restriction shall be effective for one year from:
1.
The date of expiry of the tenure of the warrant.
2.
The date of cancellation of the warrants as the
case may be.
RELEVANT DATE:
On the basis of relevant date security
issued under preferential basis is divided into two categories:-
1.
Equity share.
2.
Convertible securities.
Relevant date for the issue of equity share:-
The date 30 days prior to the date on
which the meeting of shareholders is held to consider the preferential issue.
Under the corporate debt restructuring the relevant date is
the date of approval of the corporate debt restructuring package.
Relevant date for convertible securities:-
1.
As specified for equity share.
Or
2.
A date 30 days prior to the date on which the
holder of the convertible securities become entitled to apply for the equity
share.
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