Allotment of shares vamsi
- 2. Allotment of Shares • • ‘Allotment’ is an acceptance to an offer for purchase of shares. Where allotment does not conform to the statutory requirements, it is called irregular allotment. For allotment to be valid, following requirements must be satisfied: 1. A copy of prospectus or statement in lieu of prospectus must have been delivered to Registrar of Companies.
- 3. Allotment of Shares … contd. 2. Application money must not be less than 5% of the nominal value. 3. Minimum subscription (i.e., at least 90% of the issue) must have been received. 4. Application money must be kept deposited in a Scheduled Bank till the minimum subscription has been received. 5. Shares must have been listed on the stock exchange(s) mentioned in the Prospectus.
- 4. LISTING WITH BSE A. In respect of Large Cap Companies with a minimum issue size of Rs. 10 crores and market capitalization of not less than Rs. 25 crores. B. The minimum post-issue paid-up capital of the applicant company (hereinafter referred to as "the Company") shall be Rs. 3 crores; and The minimum issue size shall be Rs. 10 crores; and The minimum market capitalization of the Company shall be Rs. 25 crores (market capitalization shall be calculated by multiplying the post-issue paid-up number of equity shares with the issue price). In respect of Small Cap Companies other than a large cap company. The minimum post-issue paid-up capital of the Company shall be Rs. 3 crores; and The minimum issue size shall be Rs. 3 crores; and The minimum market capitalization of the Company shall be Rs. 5 crores (market capitalization shall be calculated by multiplying the post-issue paid-up number of equity shares with the issue price); and The minimum income/turnover of the Company should be Rs. 3 crores in each of the preceding three 12-months period; and The minimum number of public shareholders after the issue shall be 1000. A due diligence study may be conducted by an independent team of Chartered Accountants or Merchant Bankers appointed by the Exchange, the cost of which will be borne by the company. The requirement of a due diligence study may be waived if a financial institution or a scheduled commercial bank has appraised the project in the preceding 12 months. [email protected] 4
- 5. LISTING WITH BSE Permission to use the name of the Exchange in an Issuer Company's prospectus: • The Exchange follows a procedure in terms of which companies desiring to list their securities offered through public issues are required to obtain its prior permission to use the name of the Exchange in their prospectus or offer for sale documents before filing the same with the concerned office of the Registrar of Companies. The Exchange has since last three years formed a "Listing Committee" to analyse draft prospectus/offer documents of the companies in respect of their forthcoming public issues of securities and decide upon the matter of granting them permission to use the name of "Bombay Stock Exchange Limited" in their prospectus/offer documents. The committee evaluates the promoters, company, project and several other factors before taking decision in this regard. Allotment of Securities • As per Listing Agreement, a company is required to complete allotment of securities offered to the public within 30 days of the date of closure of the subscription list and approach the Regional Stock Exchange, i.e. Stock Exchange nearest to its Registered Office for approval of the basis of allotment. • In case of Book Building issue, Allotment shall be made not later than 15 days from the closure of the issue failing which interest at the rate of 15% shall be paid to the investors. Trading Permission • As per SEBI Guidelines, the issuer company should complete the formalities for trading at all the Stock Exchanges where the securities are to be listed within 7 working days of finalization of Basis of Allotment. • A company should scrupulously adhere to the time limit for allotment of all securities and dispatch of Allotment Letters/Share Certificates and Refund Orders and for obtaining the listing permissions of all the Exchanges whose names are stated in its prospectus or offer documents. In the event of listing permission to a company being denied by any Stock Exchange where it had applied for listing of its securities, it cannot proceed with the allotment of shares. However, the company may file an appeal before the Securities and Exchange Board of India under Section 22 of the Securities Contracts (Regulation) Act, 1956. [email protected] 5
- 6. How the company does Allotment? • Normal Subscription • Under Subscription – Underwriters • Over Subscription – Pro rata allotment