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ARTICLE · 08 JUNE 2020

Stressed? Some Preferential Treatment

SEBI heard this prayer and now proposes to relax not only the pricing norms applicable for a preferential issue by financially stressed listed companies...

IndiaCorporate/Commercial Law

SEBI heard this prayer and now proposes to relax not only the pricing norms applicable for a preferential issue by financially stressed listed companies, but also grant exemption from making an open offer if the acquisition results in the acquirer acquiring more than 25% voting rights in the investee company. It is about time. This relaxation is long overdue and not related to the pandemic. No doubt, because of the pandemic, valuations have taken a hit and the share prices of stressed companies have further contracted.

Companies which face financial stress need fund infusion to subjugate the stress situation and avoid insolvency and/or bankruptcy. Investors keen to invest in distressed companies are scarce and are also subject to hurdles and practical difficulties under various laws.

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