Minimum Public Shareholding norms by SEBI under Corporate Insolvency Resolution Process

SEBI has released a Consultation Paper on Recalibration of the threshold for Minimum Public Shareholding norms, enhanced disclosures in Corporate Insolvency Resolution Process (CIRP) cases

The objective of this discussion paper is to seek comments/views from the public and market intermediaries on Recalibration of the threshold for Minimum Public Shareholding norms (MPS) in companies which undergo Corporate Insolvency Resolution Process (CIRP) and seek relisting of its shares pursuant to the implementation of the approved resolution plan.

Currently, relaxation has been provided from all provisions of Chapter V of the SEBI (Issuer of Capital and Disclosure) Requirements, 2018 (ICDR Regulations) pertaining to preferential issue such as conditions for eligibility, pricing, conditions for consideration and allotment etc. except lock-in provisions.

Thus, the shares allotted to an incoming investor under a resolution plan through a preferential issue continues to remain under lock-in for a period of at least 1 year (for allotment in excess of 20 percent of the total capital of the company). Another aspect regarding post CIRP cases is the details of disclosures made pursuant to the approval of Resolution plan and aiding the price discovery mechanism in relisting post CIRP cases.

The disclosure of the salient features not involving commercial secrets, of the resolution plan approved by the Tribunal, is mandatory in terms of LODR regulations, 2015.