www.skpcrossborder.com October 30, 2003
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Interesting Reads

Public stake in listed companies will have to touch 25%

SEBI is planning to set a two-year deadline for increasing the minimum non-promoter stake in listed companies. All listed companies are required to maintain on a continuous basis their non-promoter holding at the same level as applicable at the point of entry into the market, which is usually 25%, or 10% in some cases. As of now, non-promoter holding in many A, B1, B2 and Z group companies is below 25%.

Existing listed companies, where the non-promoter holding is less than the applicable limit at the point of entry, will be given up to two years to raise the level. Promoters could either offload shares through an offer for sale, or companies could issue fresh shares to the public to meet the norms under the listing agreement. If they fail to do so, they will be required to buy out the public holding.

Our Say

SEBI had in ’01 taken a decision to ask companies to maintain a minimum 25% floating stock on a continuous basis. However, it has not yet enforced this strictly. Many domestic companies had come out with public issues amounting to 25% of their total equity. Subsequently however, the holding of promoters has gone up to levels as high as 90% in some cases, and over 75% in many others. This means that the floating stock of some of these companies has shrunk to below 10%.

 

It is expected that SEBI may even ask the Central Listing Authority (CLA) to fix the price of shares for the public offer if the companies fail to do so. Exemption will be given to companies, which have come to the market with a 10% offering. But they will have to maintain their holding at 10% levels. Some IT and telecom companies were allowed to list 10% of their equity.

According to SEBI sources, a circular will be soon     issued     directing

 

companies to comply with clause 40 A of the listing agreement. This clause requires companies to maintain the minimum public shareholding at the levels at which they listed on exchanges.

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