Regulation 8 - Documents to be submitted before opening of the issue - Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009

Documents to be submitted before opening of the issue. 8. (1) The lead merchant bankers shall submit the following to the Board along with the draft offer document: 1 [(a) a certificate, confirming that an agreement has been entered into between the issuer and the lead merchant bankers as per the format specified in Schedule II;] (b) 2 [***] (c) a due diligence certificate as per Form A of Schedule VI; (d) in case of an issue of convertible debt instruments, a due diligence certificate from the debenture trustee as per Form B of Schedule VI; 3 [(e) a certificate confirming compliance of the conditions specified in Part C of Schedule VIII.] (2) The lead merchant bankers shall submit the following documents to the Board after issuance of observations by the Board or after expiry of the period stipulated in sub-regulation (2) of regulation 6 if the Board has not issued observations: (a) a statement certifying that all changes, suggestions and observations made by the Board have been incorporated in the offer document; (b) a due diligence certificate as per Form C of Schedule VI, at the time of registering the prospectus with the Registrar of Companies; (c) a copy of the resolution passed by the board of directors of the issuer for allotting specified securities to promoters towards amount received against promoters contribution, before opening of the issue; (d) a certificate from a Chartered Accountant, before opening of the issue, certifying that promoters contribution has been received in accordance with these regulations, accompanying therewith the names and addresses of the promoters who have contributed to the promoters contribution and the amount paid by each of them towards such contribution; (e) a due diligence certificate as per Form D of Schedule VI, immediately before the opening of the issue, certifying that necessary corrective action, if any, has been taken; (f) a due diligence certificate as per Form E of Schedule VI, after the issue has opened but before it closes for subscription. (3) The issuer shall, at the time of filing draft offer document with the recognised stock exchange where the specified securities are proposed to be listed, submit the Permanent Account Number, bank account number and passport number of its promoters to such stock exchange. ****** 1 Substituted by SEBI (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2012, w.e.f. 30.01.2012. Prior to its substitution, clause (a) read as under: (a) a copy of the agreement entered into between the issuer and the lead merchant bankers; 2 Clause (b) omitted by SEBI (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2012, w.e.f. 30.01.2012. Prior to its omission, clause (b) read as under: (b) a copy of inter-se allocation of responsibilities of each merchant banker, in case the issue is managed by more than one merchant banker; 3 Substituted by SEBI (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2011, w.e.f. 23.09.2011. Prior to its substitution, clause (e) as amended by SEBI (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2010, w.e.f. 13.04.2010 and SEBI (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2010, w.e.f. 12.11.2010, read as under: (e) a certificate in the format specified in Part C of Schedule VII, confirming compliance of the conditions mentioned therein.