J&K&L High Court: Transfer Guidelines are Not Binding and Cannot Limit an Employer’s Transfer Powers  ||  Calcutta High Court: Procedural Delays Cannot Deny a Person’s Right to Adopt  ||  J&K&L HC: Pardoned Approver under Section 343 BNSS Need Not Stay in Custody Till Trial Ends  ||  J&K&L HC: Accused Cannot Demand Charges under a Preferred Law When Acts Fall under Multiple Statutes  ||  J&K&L HC: Accused Cannot Demand Charges under a Preferred Law When Acts Fall under Multiple Statutes  ||  Allahabad HC: Civil Imprisonment For Default Does Not Absolve a Husband’s Duty to Pay Maintenance  ||  Supreme Court: SC Status Applies Only to Hindus, Sikhs, and Buddhists, and is Lost on Conversion  ||  Supreme Court: Post-Moratorium, Creditors Cannot Adjust Pre-CIRP Dues From Prior Deposits  ||  Supreme Court: CoC’s Commercial Wisdom Does Not Shield All its Decisions From Judicial Scrutiny  ||  SC Flags Systemic Bias in Granting Permanent Commission to Women Officers in Armed Forces    

Repealing of circular(s) outlining procedure to deal with cases where securities are issued prior to April 01, 2014- (Securities and Exchange Board of India) (13 Mar 2024)

MANU/SSMD/0007/2024

Capital Market

1. In exercise of the powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992, SEBI had issued Circular No. CIR/CFD/DIL3/18/2015 dated December 31, 2015 and Circular No. CFD/DIL3/CIR/P/2016/53 dated May 03, 2016, stating that in respect of cases under the Companies Act, 1956, involving issuance of securities to more than 49 persons but up to 200 persons in a financial year, the companies may avoid penal action if they provide the investors with an option to surrender the securities and receive the refund amount at a price not less than the amount of subscription money paid along with 15% interest p.a. thereon or such higher return as promised to the investors. This opportunity to avoid penal action was provided to the issuer companies considering the higher cap for private placement provided in the Companies Act, 2013.

2. Given that considerable time has elapsed since the repeal of the Companies Act, 1956, in exercise of the powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 to protect the interests of investors in securities and to promote the development of, and to regulate the securities markets, it has now been decided to repeal the aforesaid circulars and the same shall stand rescinded with effect from 6 months from the date of issue of this circular, without prejudice to the operation of anything done or any action taken under the said circulars.

3. The above said option shall be available under the circular only to those companies who have completed the entire procedure and submitted the certificate in terms of circular No. CIR/CFD/DIL3/18/2015 dated December 31, 2015 and Circular No. CFD/DIL3/CIR/P/2016/53/dated May 03, 2016, within 6 months from the date of issue of this circular.

4. Accordingly, all cases involving an offer or allotment of securities to more than the permissible number of investors in a financial year shall be dealt with in line with the provisions contained under the extant applicable laws.

5. The Stock Exchanges are advised to bring the provisions of this circular to the notice of listed entities and also to disseminate the same on their websites

Tags : REPEAL   CIRCULAR  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved