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Private Placement of Securities

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WHY?

Private Placement of Securities

A company may issue financial securities, such as shares and convertible securities, to a group of few investors. This distribution strategy is known as a private placement.

A private placement is different from a public issue in which securities are made available for sale on the open market to any type of investor.

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Advantages

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Long Term

Private placements provide longer maturities than typical bank financing, at a fixed-interest rate.

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Speed in Execution

The private placement market fosters an environment that allows for quick execution of an investment, generally within 6-8 weeks

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Privacy and Control

Private placement transactions are negotiated confidentially. Also, public disclosure requirements are limited, compared to those found in the public market.

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Important Points to be noted

  • Restriction of 200 Persons per year is for each kind of a Security
  • The Application money to be received shall be either through Cheque, Demand Draft or other banking channels except cash.
  • The minimum application size shall not be less than Rupees Twenty Thousand per person.
  • The Company shall not advertise about the Private Placement to the public.
  • Monies received must be kept in a separate bank account and shall not be utilized for any purpose other than:
  • Form the company in 5 Working Days
    • For adjustment against allotment of securities or
    • Repayment of monies where the company is unable to allot securities

After completion of allotment process, the Company will be allowed to move the funds in regular Bank account used for day to day transactions.

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Procedure

Procedure of Private Placement of Equity

  • Pass a special resolution in the general meeting of the Company.
  • The Company has to issue a Private Placement letter of offer to the Identified persons by the Board to whom the allotment is to be made.
  • File the details with the ROC within 30 days from the date of issue of Private Placement letter of offer.
  • The Company shall allot the Securities within 60 days and if it fails to do so then refund the money within the next 15 days
  • The Company has to file return of allotment within 15 days of allotment in Form PAS-3
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