Monday, October 5, 2009

SEBI norms may foil promoters' stake sale tricks

MUMBAI: The tricky issue of promoter control will resurface in Corporate India for firms which are listed on overseas stock exchanges.

Recently, the capital market regulator, SEBI, tweaked the rules to bring ADR/GDRs — securities or foreign depository receipts issued to overseas investors against stocks issued by Indian companies — under the takeover code. The rule, however, applies to ADR/GDRs where the holders of the securities are entitled to exercise voting rights on the shares underlying the receipts.

What this simply means is that any foreign investor holding ADRs/GDRs with voting rights will have to make an open offer to public shareholders, if the holding touches the 15% limit — just as it applies to any local investor buying shares in the local market.

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