Sebi proposes framework to protect interest of public shareholders in cos undergoing insolvency

The Proposed framework would provide an opportunity to minority shareholders to participate in Corporate Insolvency Resolution Process on same pricing terms as available to resolution applicant

NEW DELHI: Capital market regulator Sebi on Thursday came out with a proposal to protect the interest of public equity shareholders in cases of listed companies undergoing insolvency resolution process.

The proposed framework would provide an opportunity to minority shareholders to participate in the Corporate Insolvency Resolution Process (CIRP) on the same pricing terms as available to the resolution applicant, according to a consultation paper floated by Sebi.

Under the proposed framework, the existing public equity shareholders of the corporate debtor should be provided an opportunity to acquire equity of the fully diluted capital structure of new entity to the extent of up to the minimum public shareholding percentage (currently 25 per cent). The pricing terms should be the same as agreed upon by the resolution applicant.

The new entity should endeavour to achieve at least 5 per cent public shareholding through such mode of offer made to the non-promoter public shareholders. The offer to acquire shares should be made in an equitable manner to such public equity shareholders.