Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2023

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....dia (Share Based Employee Benefits) Regulations, 2014" wherever they appear, shall be substituted with the words "Securities and Exchange Board of India (Share Based Employee Benefits and Sweat Equity) Regulations, 2021". II. in regulation 2, in sub-regulation (1), in clause (ss), in sub-clause (ix), after the words "a pension fund with minimum corpus of twenty five crore rupees", the words "registered with the Pension Fund Regulatory and Development Authority established under sub-section (1) of section 3 of the Pension Fund Regulatory and Development Authority Act, 2013" shall be inserted. III. in regulation 26, in sub-regulation (1), after the words "by hosting it on the websites of" and before the words "the Board", the words and symbol "the issuer," shall be inserted. IV. regulation 40 shall be substituted with the following regulation, namely: "Underwriting 40. (1) If the issuer making an initial public offer, other than through the book building process, desires to have the issue underwritten to cover under-subscription in the issue, it shall, prior to the filing of the prospectus, enter into an underwriting agreement with the merchant bankers or stock brokers regi....

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....il their underwriting obligations, the lead manager(s) shall fulfil the underwriting obligations. (e) the lead manager(s) and syndicate member(s) shall not subscribe to the issue in any manner except for fulfilling their underwriting obligations. (f) in case of every underwritten issue, the lead manager(s) shall undertake minimum underwriting obligations as specified in the Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992. (g) where the issue is required to be underwritten, the underwriting obligations should be at least to the extent of minimum subscription." V. in regulation 59C, in sub-regulation (9), after the words "by hosting it on the websites of" and before the words "the Board", the words and symbol "the issuer," shall be inserted. VI. in regulation 72, in sub-regulation (1), after the words "by hosting it on the websites of" and before the words "the Board", the words and symbol "the issuer," shall be inserted. VII. in regulation 124, in sub-regulation (1), after the words "by hosting it on the websites of" and before the words "the Board", the words and symbol "the issuer," shall be inserted. VIII. regulation 136 shall be replaced....

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....syndicate member(s) to act as underwriters, indicating therein the maximum number of specified securities they shall subscribe to, either by themselves or by procuring subscription, at a price which shall not be less than the issue price, and shall disclose the fact of such underwriting agreement in the red herring prospectus. (d)if the syndicate member(s) fail to fulfil their underwriting obligations, the lead manager(s) shall fulfil the underwriting obligations. (e) the lead manager(s) and syndicate member(s) shall not subscribe to the issue in any manner except for fulfilling their underwriting obligations. (f) in case of every underwritten issue, the lead manager(s) shall undertake minimum underwriting obligations as specified in the Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992. (g) where the issue is required to be underwritten, the underwriting obligations should be at least to the extent of minimum subscription." IX. in regulation 187, in sub-regulation (1), after the words "by hosting it on the websites of" and before the words "the Board", the words and symbol "the issuer," shall be inserted. X. in regulation 246, in sub-regulatio....

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...."before it is filed with the Registrar of Companies", the words "or the red herring prospectus, as the case may be" shall be inserted. (iii) in clause 10, in sub-clause (k), (a) after the words "corporate bodies and family offices" and before the words "which are associate of the lead manager", the words "sponsored by the entities" shall be deleted. (b) before symbol and word "nor", the words "or pension funds sponsored by entities which are associate of the lead manager" shall be inserted. BABITHA RAYUDU, Executive Director [ADVT.-III/4/Exty./119/2023-24] Footnotes: 1. The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018 was published in the Gazette of India on September 11, 2018, vide notification No. SEBI/LADNRO/ GN/2018/31. 2. The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018 was subsequently amended on - (a) December 31, 2018 by the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2018, vide notification No. SEBI/LAD-NRO/GN/2018/57. (b) March 29, 2019 by the Securities and Exchange Board of....