sebi:WTM/PS/68/ERO/JAN/2015

SEBI · SEBI · 2013-07-17 · Prashant Saran, Whole Time Member

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Facts / Headnote

Interim restraining directions issued against the company and its promoters/directors; show-cause notice issued; matter directed for replies within 21 days

Provisions invoked

Regulations

Parties

Holding

MAAPL's issuance of equity shares to 152 persons (exceeding 49) constitutes a public issue under the first proviso to Section 67(3) of the Companies Act, 1956, and the company and its directors are restrained from mobilizing funds, accessing the securities market, and disposing of assets pending further proceedings.

Full text

Page 2 of 10 f. Number of debentures/ preference shares allotted and the value of such allotment against each allottee's name. g. Details regarding subscription amount raised; h. Date of allotment of the debentures/ preference shares; i. Copies of the minutes of Board/ committee meeting in which the resolution has passed for allotment; j. Date of dispatch of certificates, etc.; k. Details of the total number of applicants for each of MAAPL's scheme besides the list of final allottees; l. Copies of the application forms, pamphlets, advertisements and other promotional material circulated for issuance of securities. m. Terms and conditions of the issue of securities.

Page 3 of 10 iii. On an examination of the E-Form 2 filed by MAAPL with the RoC, it is prima facie noted that the Company has allotted 'equity shares' amounting to 22.50 lakhs, the details of the same are as follows: Table A Financial Year Date of allotment Amount raised (in lakh) No. of allottees 2009-10 March 25, 2010 22.50* 152

Page 4 of 10 debentures are not available for subscription or purchase by persons other than those receiving the offer or invitation. The number of persons to whom the shares/ debenture have been allotted becomes relevant to judge whether an issue of shares is made to public or made on a private placement basis.

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Source: SecMarx — sebi:WTM/PS/68/ERO/JAN/2015. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.