Saturday, August 14, 2010

STAKE ABOVE 25% TO TRIGGER OPEN OFFER

The Takeover Regulations Advisory Committee (TRAC) report suggests the most significant changes to the SEBI.

SUGGESTED CHANGES

  • Open offer threshold raised to 25% from existing 15%
  • Acquirer to make open offer for 100% equity, up from 20% now
  • Creeping acquisition only for those holding over 25% stake
  • Indirect control on voting rights over 25% to trigger open offer
  • Those holding over 25% can make voluntary open offer for 10%
  • Acquirer must state in advance if he intends to delist post offer
IMPACT

  • Higher acquisition costs; only serious players will buy stakes
  • Volume parameters to reduce chances of price manipulation
  • With the 100% rule, all shareholders wishing to exit can sell out.

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