PIL challenges Sebi guidelines on preferential share allotment

 



Jun 11 2009 12:42 hrs IST , Mumbai 

 


By PTI 
 

A public interest petition filed in the Bombay High Court has challenged the 
constitutional validity of SEBI's guidelines for allotting preferential shares, 
which it alleges has been misused by promoters to deprive companies of 
thousands of crores of rupees.

Petitioner Rajkot Jilla/Sahar Grahak Suraksha Mandal, an NGO, has taken 
exception to the rules contained in 13.1.2 of Chapter XIII (Disclosure and 
Investor Protection) Guidelines of SEBI and said using these rules many 
promoters were playing fraud on the companies.

The petition said that these guidelines, which allow companies' promoters to 
pay the value of shares over a period of 18 months, are arbitrary and have no 
bearing on the object of protecting the interests of the shareholders.

In the recent past, there had been instances in which a board of the company 
has issued huge warrants on a preferential allotment basis to the promoters.

Reasons such as want of funds for new projects were given. Promoters paid 10 
per cent of the aggregate value of share warrants.

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