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The Original CHAUKIDAAR ,“TAKEOVER WATCHMAN” since 2007. CA. Arun Goenka* hands-on experience in the share market* deep knowledge of laws and account*one of the early players, pioneered an investment strategy in TAKEOVERS*The WIRC - of The Institute of Chartered Accountants of India, has honoured him with the ‘Recognition of CAs in Social Service’. * often invited by National business news; electronic and print media, for his views on SEBI related matters. * history of red-flagging 100+ cases to SEBI* contributes by giving inputs in drafting amendments to the regulation* Some of the suggestions reflected in subsequent regulatory changes: (a). In takeover of Cairn 3,750 Crores non-compete fees waived off and ultimately Removal of Non-compete fee in 2011 (b) November 2009 amending Regulation 11 (1). (c)Listing agreement baring promoters from voting on related party. (d) Disclosure of past performance by merchant bankers in case of IPO (e) SAST 2011 regulation 10(1)(h), (f) Counter Offer in case of Delisting (g) Interest payment to all in case of delays in Open Offers(05.06.20).

Thursday, July 16, 2020

INDICATIVE TIMELINE FOR VEDANTA DELISTING - Update

INDICATIVE TIMELINE FOR VEDANTA DELISTING
UP-DATE July 17, 2020 

AA had displayed a remarkable speed and things seemed to be on fast track. He even brushed aside legal nuances like appointment of the merchant banker by the Board of directors. The merchant banker was appointed immediately on 12 May itself, even before the Board meeting. 

The  time chart/ schedule given in my earlier post of June 26,2020  was drawn as something that can  be achieved in the shortest possible time. However, it seems that AA has developed some cold feet or is unable to tie-up the desired finance and has till now not even applied to Stock exchanges for "in-principle" approval. As given in the chart below, this is the only open window available to the Acquirer going for delisting, he is allowed to play here for  as much as almost one year. The moment  "in-principle" is applied for, statutorily defined timeline kicks-in. 

To arrive at the likely date for completion of delisting formalities, please add the number of days to the date on which "in-principle" application is made to the Stock Exchanges.  In the table below such date of application has been assumed as July 20, 2020

Acivtity No.
Stipulated time
Date
Event
A
No legal stipulation of time
20-Jul-20
In-Principle Delisting approval to be applied to Stock exchange. It seems that the application for "in-principal" approval has not been made as yet. If the application is made after 20th July 2020, the number of days further delayed after 20.07.20 must be added to all the dates in the series to arrive at the approximate date for each activity
B
A+5
25-Jul-20
SE in-principle approval to be obtained. SE has to respond within 5 days, Reg 8(3)
C
B+1
26-Jul-20
Public Announcement (PA) & Escrow deposit ,  to be made within one day of receipt of 'In-Principal' approval, Reg.10(1)
D
C+2
28-Jul-20
LOO to be dispatched within 2 days of PA , Reg.12(1)
E
C+7
2-Aug-20
RBB to start within 7 days of PA Reg. 13(1)
F
E+5
7-Aug-20
RBB to be open for 5 days Reg. 13(2)
G
E+6
8-Aug-20
RBB to  close
H
G+5
13-Aug-20
Discovered price to be announced within 5 days of closure of RBB. Reg.18
I
G+10
17-Aug-20
payment to be made within 10 days of the closure. Reg.20(2)
J
H+2
15-Aug-20
Fresh PA for Counter offer  and dispatch of LOO within 2 days of announcement of discovered price. Reg 16(1A)
L
J+7
22-Aug-20
Opening of Counter offer bidding process within 7 days of PA
M
L+5
27-Aug-20
Counter offer bidding closes, open for 5 days
N
M+5
1-Sep-20
Success/ failure of counter offer to be announced  Reg.18 /19 within 5 days of closure
O
M+10
6-Sep-20
Payment/Refund of shares



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