The Hindu : Sweat equity: SEBI issues new norms

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Friday, Oct 04, 2002

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Sweat equity: SEBI issues new norms

MUMBAI OCT. 3. The Securities and Exchange Board of India today said shares issued as sweat equity to employees and directors will have a lock-in period of three years while their pricing should be done according to a formula similar to the one used for preferential allotments.

According to the new guidelines for listed companies issuing sweat equity, their value would be taken into account for purpose of ceiling on the managerial remuneration in certain circumstances, SEBI said in a release here today.

(Sweat equity is shares acquired by a company's executives on favourable terms, to reflect the value the executives have added and will continue to add to the company).

The panel headed by the former SEBI member, J. R. Verma, on formulating guidelines for sweat equity submitted its report in June and the SEBI (Issue of Sweat Equity) Regulations 2002 were notified on September 24, the release said.

The valuation of consideration provided in the form of intellectual property rights/knowhow or other valuation should be done by merchant bankers. The new gudielines would also deal with accounting treatment pertaining non-cash consideration for sweat equity.

If the sweat equity was to be issued to promoters, who are either employees or directors, the facility of postal ballot should be given to the shareholders and currency of such resolution be 12 months, the release added. The market regulator was empowered to order inspection, investigate and take follow up actions including issuing directions under the new regulations, it said. — PTI

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