Insights
SEBI grants one-time relaxation of procedures for Rights issue opening upto 31 July 2020
May 7, 2020In view of the COVID-19 pandemic and the ensuing lockdown measures undertaken by the government, SEBI has decided to grant one time relaxations from the strict enforcement of certain procedural compliances under the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (ICDR Regulations), pertaining to Rights Issue opening upto 31 July 2020, as under:
- Service of the abridged letter of offer, application form and other issue material to shareholders may be undertaken by electronic transmission as already provided under Regulation 77(2) of the ICDR Regulations. Failure to adhere to modes of dispatch through registered post or speed post or courier services will not be treated as non-compliance during the said period. However, the issuers shall publish the letter of offer, abridged letter of offer and application forms on the websites of the company, registrar, stock exchanges and the lead manager(s)to the rights issue.
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- Issue related advertisement as mandated by Regulation 84(1) shall contain additional details providing the manner in which shareholders who have not been served notice electronically may apply. The issuer has been given the flexibility to publish the dispatch advertisement in additional newspapers, over and above those required in Regulation 84.The advertisement should also be made available on the website of the Issuer, Registrar, Lead Managers, and Stock Exchanges. Advertisements in television channels, radio, internet etc. even in the form of tickers/crawlers, may be used to disseminate information relating to the application process.
- In the case of physical shareholders who have not been able to open a demat account or are unable to communicate their demat details to the issuer/registrar for credit of Rights Entitlements (REs) within specified time, they may be allowed to submit their application subject to certain conditions.
- An optional mechanism (non-cash mode only) to accept the applications of the shareholders, other than the mandated ASBA facility, shall be instituted by the issuer along with lead manager(s) to the issue, the registrar, and other recognized intermediaries, subject to ensuring that no third party payments shall be allowed in respect of any application.
- In respect of all offer documents filed until 31 July 31 2020, authentication/certification/ undertaking(s) may be done using digital signature certifications and the issuer along with lead manager(s) shall provide procedure for inspection of material documents electronically.
To refer to the SEBI circular dated 6 May 2020, click here.
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