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Chapter 5 - Issue Management

Chapter 5 covers Issue Management, detailing the process of raising funds through various types of public offerings, managed by SEBI-registered Merchant Bankers. Key roles of Merchant Bankers include advising issuers, coordinating the issue process, and ensuring legal compliance. The chapter also outlines eligibility criteria for IPOs, due diligence requirements, and compliance measures necessary for investor protection.

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Madhav Jadon
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0% found this document useful (0 votes)
2 views5 pages

Chapter 5 - Issue Management

Chapter 5 covers Issue Management, detailing the process of raising funds through various types of public offerings, managed by SEBI-registered Merchant Bankers. Key roles of Merchant Bankers include advising issuers, coordinating the issue process, and ensuring legal compliance. The chapter also outlines eligibility criteria for IPOs, due diligence requirements, and compliance measures necessary for investor protection.

Uploaded by

Madhav Jadon
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

📘 Chapter 5: Issue Management – Short Notes

🔹 1. Meaning of Issue Management


● Issue Management = Process of raising funds from public (IPO, FPO, Rights Issue, etc.)
● Managed by SEBI-registered Merchant Bankers
● Governed by SEBI ICDR Regulations, 2018

🧠 Key Roles of Merchant Banker


● Advisor → guides issuer company
● Coordinator → manages entire issue process
● Due diligence expert → verifies information
● Watchdog → ensures legal compliance
● Investor protector → works in fiduciary capacity

🔹 2. Types of Issues Covered


● IPO (Initial Public Offer)
● FPO (Further Public Offer)
● Rights Issue
● Preferential Issue
● QIP (Qualified Institutional Placement)
● SME IPO
● Bonus Issue

🔹 3. IPO Eligibility (Important)


Company CANNOT issue IPO if:

● Debarred by SEBI
● Promoters/directors are fraudulent or wilful defaulters
● Associated with companies banned from market
● Promoters are fugitive economic offenders

📊 4. Appointment of Merchant Bankers


✔️Key Points
● Issuer must appoint SEBI-registered Merchant Banker (Lead Manager)
● If multiple:
○ Roles & responsibilities must be clearly defined
● At least one lead manager must be independent
● Agreements must be signed with:
○ Lead managers
○ Other intermediaries

🧠 Other Intermediaries
● Registrar to issue
● Bankers to issue
● Syndicate members
● Underwriters

🔍 5. Due Diligence (VERY IMPORTANT)


📌 Meaning
● Investigation & verification of issuer company information

🎯 Objective
● Ensure true, fair & adequate disclosure to investors

🧠 Key Areas Checked


● Promoters & management
● Financial statements
● Risk factors
● Capital structure
● Business operations
● Litigations

⚠️Important Requirements
● Independent verification by lead manager
● Due diligence certificates submitted to SEBI
● Records maintained for 5 years

📑 6. Offer Document
📌 Meaning
● Legal document for investors (Prospectus / Red Herring Prospectus)

✔️Must Contain
● All material disclosures
● Financial data (not older than 6 months)
● Risk factors
● Business details
🧠 Key Concept: Materiality
● Only important (material) information must be disclosed
● Avoid misstatement or omission

📤 7. Filing of Offer Document


📌 Process
1. File Draft Offer Document (DOD) with SEBI
2. Submit:
○ Due diligence certificate
○ Agreement proof
3. File with Stock Exchanges
4. SEBI gives observations (within ~30 days)
5. Final document filed with ROC

📢 8. Public Issue Requirements


● Public announcement in:
○ English newspaper
○ Hindi newspaper
○ Regional newspaper
● Invite public comments
● Upload on websites

🏦 9. Underwriting (IMPORTANT)
📌 Meaning
Underwriter guarantees subscription of shares

✔️Rules
● Cannot earn anything except commission
● Max underwriting = 20× net worth
● Must subscribe within 45 days if required

📊 Book Building Issue


● Underwritten by:
○ Lead managers
○ Syndicate members
● Lead manager responsible if others fail
📂 10. Key Documents (Due Diligence)
📜 Contracts
● Issue agreement
● Underwriting agreement
● Escrow agreement
● Syndicate agreement

📄 Other Documents
● MOA & AOA
● Financial reports
● Board resolutions
● Legal opinions
● IPO grading report

📈 11. Listing Requirements


📌 Steps
1. In-principle approval
2. Listing of securities
3. Trading permission

✔️Conditions
● Minimum capital requirements
● No restrictive clauses in AOA
● Compliance with listing agreement

⚖️12. Compliance & Investor Protection


● Appointment of Compliance Officer
● Responsible for:
○ Legal compliance
○ Investor grievance redressal

🧠 FINAL QUICK REVISION (1-Minute)


● Merchant Banker = Key manager of issue
● Due Diligence = Core responsibility
● Offer Document = Full disclosure
● SEBI ICDR = Main regulation
● Underwriting = Risk coverage
● Materiality = Only important info disclosed
● Compliance Officer = Investor protection

If you want, I can also convert this into:


✅ 1-page revision sheet (super short)
✅ MCQ-based revision for exam
✅ Flowcharts for issue process

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