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Friday, 5 July 2019

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BSE has issued Circular no. LIST/COMP/OPS/ 16 /2019-2020 dated 11th June 2019 regarding Action(s) to be initiated against listed Companies for non-payment of outstanding Annual Listing Fees (“ALF”)


This circular supersedes earlier circular no. LIST/COMP/OPS/02/2019-20 dated April 05, 2019.

The last date to pay Annual Listing Fees (ALF) (including the listing fee for Financial Year 2019-20) (“hereinafter referred to as defaulting Company”) is August 31, 2019.

The following actions have been decided in case the Companies fail to pay the outstanding Annual Listing Fees (ALF) :

                      I.            Action w.e.f. September 01, 2019:

     ·         The name of the defaulting Companies shall be displayed on the BSE website on a           separate page to highlight their failure to pay
 ·         On the Company’s individual Stock Reach page on the Exchange website, a message shall be displayed saying, “Company has not paid Annual Listing Fees and is in violation of SEBI Regulations & Exchange Requirements.”
 ·         On Listing centre whenever Company logs in for submitting disclosures, a similar message would be displayed as a running ticker
 ·         The equity shares of the Company shall be moved from Normal Trading to Trade to Trade segment (i.e. gross settlement). A notice to this effect will also be issued to all market participants.

 II.            Action w.e.f. December 01, 2019 if the Company continues to remain in default:

Demat accounts of the Promoter and Promoter Group of the Company (as per the latest shareholding pattern submitted by the Company to the Exchanges) shall be frozen for all debits .

                    III.            Action w.e.f. March 01, 2020 if the Company continues to remain in default:
Trading in the equity shares of the Company shall be suspended.
IV.            Action w.e.f. September 01, 2020 if the Company continues to remain in default:

Since the Company would be suspended for a period of more than 6 months on account of violation of the Listing Regulations, it would be eligible for Delisting as per the extant SEBI (Delisting of Equity shares) Regulations.

It may be noted that the above measures would also apply to SME Companies listed on the Exchanges that are in default for paying annual listing fees.

NOTE: The measures listed above, would not apply to the following:

      ·         PSU Companies
      ·     Companies who have been admitted by NCLT under the Insolvency and Bankruptcy   Code.
      ·         Companies that have only Debt/Mutual Funds listed
      ·         For the computation of the total outstanding amount TDS deducted would be excluded.

In case the Company is commonly listed i.e. on more than one stock exchange, actions such as transfer to Trade to Trade segment, freezing demat accounts of promoter and promoter group, suspension and compulsory delisting of equity shares and reversal of these actions shall be done in coordination by the Exchanges where the Company is listed.
Link of Circular:

                      

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