Clause 43 and 43A of the Listing Agreement

Hi...

Can somebody please explain me the difference between Clause 43 and Clause 43A of the Listing Agreement in detail?

Regards

CS Udit Sharma

Replies (5)

Dear Udit,

Up to my understanding, Sec 43 provides that if a pvt co. does not comply any one of the condition specified in sec 3(1)(iii) then that co. will become a deemed public co. n the previleges and exemptions which are available to a pvt. co. can not be enjoyd by the deemed public co.

Sec 43A provides that if any public co. holds 25% or more shares in a pvt. co. then that pvt. co. will become a deemed public co. That co. is not required to change their articles or other things which is required to be changed to become a public co. but the exemptions and previleges which a pvt. co. enjoy have to be lose.

 

if i'm wrong in any of the view so please correct me.

 

Thanks in advance

Dear Ankit !

Thanks for your reply dear but what i am asking for is the difference between Clause 43 and Clause 43A of the Listing Agreement and not Section 43 and 43A of the Companies Act, 1956.

If you can help, then please do!

Regards

CS Udit Sharma

Dear Udit,

 

There is minor difference between clause 43 and 43(a) of The listing agreement. Whereas in case of clause 43, The company is required furnish on a quarterly basis a statement indicating the variations between projected utilisation of funds and/ or projected profitability statement made by it in its prospectus or letter of offer or object/s stated in the explanatory statement to the notice for the general meeting for considering preferential issue of securities and the actual utilisation of funds and/ or actual profitability, In case of clause 43 (a) , such  information is required to be furnished in case of  use of proceeds of a public or rights issue from the objects stated in the offer document.

 

Further, the monitoring of utilization of funds raised under clause 43(a) has to be made by a monitoring agency appointed by the company , whose report shall be revied by the Audit committee of the company and shall be furnished to stock exchanges, wheras there is no such requirement in case of clause 43. However, in both cases the deviation statement has to be published in newspapers, as per clause 41.

 

In my opinion, both clauses could have been clubbed together by using proper wording to avoid any such confusion.

well said charu.

Originally posted by : Charu

Dear Udit,

 

There is minor difference between clause 43 and 43(a) of The listing agreement. Whereas in case of clause 43, The company is required furnish on a quarterly basis a statement indicating the variations between projected utilisation of funds and/ or projected profitability statement made by it in its prospectus or letter of offer or object/s stated in the explanatory statement to the notice for the general meeting for considering preferential issue of securities and the actual utilisation of funds and/ or actual profitability, In case of clause 43 (a) , such  information is required to be furnished in case of  use of proceeds of a public or rights issue from the objects stated in the offer document.

 

Further, the monitoring of utilization of funds raised under clause 43(a) has to be made by a monitoring agency appointed by the company , whose report shall be revied by the Audit committee of the company and shall be furnished to stock exchanges, wheras there is no such requirement in case of clause 43. However, in both cases the deviation statement has to be published in newspapers, as per clause 41.

 

In my opinion, both clauses could have been clubbed together by using proper wording to avoid any such confusion.

Agree with Charu Ji...

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details