Part C - SPECIAL PROVISIONS FOR A SUBSIDIARY COMPANY GETTING DELISTED THROUGH A SCHEME OF ARRANGEMENT WHEREIN THE LISTED HOLDING COMPANY AND THE SUBSIDIARY COMPANY ARE IN THE SAME LINE OF BUSINESS
Regulation 38A - Delisting of equity shares of a listed investment holding company pursuant to a scheme of arrangement
Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2021. Part E SPECIAL PROVISIONS FOR DELISTING OF INVESTMENT HOLDING COMPANY
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Delisting of investment holding company permitted via court-approved scheme with in-kind distribution and extinguishment of public shareholding. Delisting pursuant to a court-approved scheme requires transfer of listed equity holdings pro rata to public shareholders, cash payment for unlisted investments and other assets pro rata, extinguishment of public shareholding via selective reduction of capital, and application to stock exchanges. Approval is conditional on a fair value composition primarily of listed direct investments (supported by a joint valuation by two independent registered valuers), compliance with specified listing and disclosure obligations, a favourable public e-voting threshold, required disclosures and reports (including entitlement confirmation), minimum listing tenure without suspension, no recent adverse regulatory orders, and adherence to any financial sector regulator requirements.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Delisting of investment holding company permitted via court-approved scheme with in-kind distribution and extinguishment of public shareholding.
Delisting pursuant to a court-approved scheme requires transfer of listed equity holdings pro rata to public shareholders, cash payment for unlisted investments and other assets pro rata, extinguishment of public shareholding via selective reduction of capital, and application to stock exchanges. Approval is conditional on a fair value composition primarily of listed direct investments (supported by a joint valuation by two independent registered valuers), compliance with specified listing and disclosure obligations, a favourable public e-voting threshold, required disclosures and reports (including entitlement confirmation), minimum listing tenure without suspension, no recent adverse regulatory orders, and adherence to any financial sector regulator requirements.
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