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This is an archive article published on March 5, 2009

Satyam buyer will have to make 20% open offer

Govt said the prospective buyer of Satyam will have to make an open offer of 20 per cent.

Government on Thursday said the prospective buyer of crisis-ridden Satyam Computer Services will have to make an open offer of 20 per cent.

“Whether it (stake to be offered in Satyam) is 31 per cent or 26 per cent,anybody coming in would have to make an open offer of 20 per cent in the market and then the number of shares with the person or with the bidder could be higher than 31 per cent or 26 per cent. So,that is not an issue,” Corporate Affairs Minister P C Gupta said in New Delhi.

SEBI earlier amended the Takeover Code that allows companies,whose boards have been superseded by the government,to seek exemption from applicability of provisions of takeover regulations,such as mandatory open offer and 26-week average price.

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The open offer allows existing shareholders to exit the company by selling equity to the acquirer at a pre-determined price.

On the issue of management control given only in case of the bidder acquiring 51 per cent,Gupta delinked both the issues saying,”How many companies in India are managed by our corporate sector with 51 per cent shareholding?”

Asked,if the reserve price will be linked to the networth of the company,he said,”Let the board of Satyam first make up its mind. They have international consultants.

They are the best experts to suggest.”

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