SEBI reduces shares buyback timeline by companies to 34-44 days

16 Jan 2012 Evaluate

A decision which could help the government in getting closer to its ambitious disinvestment target of Rs 40,000 crore for the current financial year, market regulator Securities and Exchange Board of India (SEBI) has reduced the timeline for completion of buyback of shares by companies to 34-44 days. The buyback process earlier could take somewhere between 63 to 114 days.

While announcing the changes, SEBI said ‘the timeline for various activities involved in the buyback process have been revised which shall result in substantial reduction of time taken for completion of buyback.’ These alterations form a part of amendments made by the regulator in the SEBI - Buyback of Securities Regulations, 1998, have come into effect from January 3.

For the current fiscal year, the government has fixed Rs 40,000 crore disinvestment target, but till date it has only managed to raise Rs 1,145 crore by selling its stake in the Power Finance Corporation (PFC). Further, on the back of volatile stock markets, state-owned companies had to put on hold their public issues. But with time running out to meet the target, the government has been looking at other means, including the buyback mode, to raise funds via disinvestment.

Under the buyback method, the government can raise money by selling its equity in the company to the PSU itself. The Department of Disinvestment (DoD) has also sought Cabinet approval to use the buyback mode for disinvestment. The government, however, could not take any decision due to inter-ministerial differences and the reluctance of PSUs to part with cash.

The DoD had also pointed out to the SEBI that the present buyback norms are not in rank with the principle of equitable treatment to shareholders in the acceptance of shares through tender offer. The regulator has also effected changes in buyback through tender offer.    As per the previous norms, in case of buyback it was necessary for the company to accept the shares tendered by the shareholders in proportion to the shares tendered by the shareholder and not in proportion to the shares held. However, this has been customized. Further, SEBI has also made changes in the 'record date' and requirement of public notice and public announcement norms in the buyback regulations.

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