Regulation 34 - Requirement of minimum promoters’ contribution not applicable in certain cases - Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009

Requirement of minimum promoters contribution not applicable in certain cases. 34. The requirements of minimum promoters contribution shall not apply in case of: (a) an issuer which does not have any identifiable promoter; (b) a further public offer, where the equity shares 1 [of the issuer] 2 [***] are not infrequently traded in a recognised stock exchange for a period of at least three years and the issuer has a track record of dividend payment for at least immediately preceding three years: Provided that where promoters propose to subscribe to the specified securities offered to the extent greater than higher of the two options available in clause (b) of sub-regulation (1) of regulation 32, the subscription in excess of such percentage shall be made at a price determined in terms of the provisions of regulation 76 or the issue price, whichever is higher. (c) rights issues. Explanation: For the purpose of clause (b), the words infrequently traded have the same meaning as assigned to them in Explanation to sub-regulation (5) of regulation 20 of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and the reference date for the purpose of computing the annualised trading turnover referred to in the said Explanation shall be the date of filing the draft offer document with the Board and in case of a fast track issue, the date of filing the offer document with the Registrar of Companies before opening of the issue. ********* 1 Inserted by SEBI (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2010, w.e.f. 12.11.2010. 2 Words of the same class which are proposed to be allotted pursuant to conversion or exchange of convertible securities offered through the offer or are proposed to be allotted in the offer have been listed and omitted, by SEBI (Issue of Capital and Disclosure Requirements) (Fourth Amendment) Regulations, 2010, w.e.f. 12.11.2010.