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New IPO norms likely
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January 08, 2007 14:50 IST

The companies wanting to re-list on the bourses through a fresh public issue may have to submit a special corporate governance report to Securities and Exchange Board of India, as the government has urged the market regulator to look into the possibility of making this a mandatory requirement.

Ministry of company affairs has written to Sebi, saying such a report would include among other things grievances of shareholders and how the company addressed those complaints.

The ministry's remarks came in light of the controversy related to realty giant DLF's row with minority shareholders.

The ministry said Sebi should ask for a special corporate governance report from the company seeking disclosure of the action taken by it in respect of the grievances voiced by its minority shareholders.

"Sebi may consider this as a mandatory requirement for all companies who get delisted and thereafter come back again with a fresh proposal for listing and issue of shares to the public," the ministry's letter to Sebi said.

The ministry contended that issues arising out of complaints filed by DLF's minority shareholders bring out corporate governance aspects relating to fairness in treatment of such shareholders.

It also noted that though the offer for rights issue of debenture made by DLF in December 2005 was at the time when the company was unlisted, it came shortly before filing of a prospectus with Sebi.

DLF, which had earlier filed its prospectus in May last year for the IPO, had to withdraw its proposed offer in August after failing to get the required approvals due to unresolved differences with minority shareholders.

Later, in September, the ministry asked DLF to look into the complaints of minority shareholders.

Following the ministry's directions, the company had in November last year convened an extra-ordinary general meeting, where it decided to offer debentures to minority shareholders on same terms and conditions as the remaining shareholders.

DLF has now filed a new prospectus with Sebi on January 3 for its initial public offer to raise more than Rs 13,600 crore (Rs 136 billion).
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