CS Executive · Capital Market and Securities Laws · Delisting of Equity Shares
Tapovan Cements Ltd announces a voluntary delisting. The acquirer fails to make payment of consideration to shareholders who tendered shares in the offer. Under the SEBI Act, 1992 text on takeover-related defaults, what penalty exposure arises for such failure?
Failure to pay consideration to shareholders who sold under an offer attracts a penalty under Section 15H of the SEBI Act. It is not less than ten lakh rupees and may extend to twenty-five crore rupees or three times the profits made, whichever is higher.
- AA penalty not less than ten lakh rupees, extendable to twenty-five crore rupees or three times the profits made, whichever is higherCorrect
- BA fixed penalty of one lakh rupees
- COnly a warning from the stock exchange
- DImprisonment without any monetary penalty
Explanation
Section 15H of the SEBI Act covers failure to make payment of consideration to shareholders who sold shares pursuant to a letter of offer. The penalty is at least ten lakh rupees and may extend to twenty-five crore rupees or three times the profits made from the failure, whichever is higher.
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