Promoter
The term Promoter has been defined under sub regulation “za” of regulation “2” of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 as under
“promoter” includes:
(i) the person or persons who are in control of the issuer;
(ii) the person or persons who are instrumental in the formulation of a plan or programme pursuant to which specified securities are offered to public;
(iii) the person or persons named in the offer document as promoters:
Provided that a director or officer of the issuer or a person, if acting as such merely in
his professional capacity, shall not be deemed as a promoter:
Provided further that a financial institution, scheduled bank, foreign institutional investor and mutual fund shall not be deemed to be a promoter merely by virtue of the fact that ten per cent. or more of the equity share capital of the issuer is held by such person;
Provided further that such financial institution, scheduled bank and foreign institutional investor shall be treated as promoter for the subsidiaries or companies promoted by them or for the mutual fund sponsored by them;
(zb) “promoter group” includes:
(i) the promoter;
(ii) an immediate relative of the promoter (i.e., any spouse of that person, or any parent, brother, sister or child of the person or of the spouse); and
(iii) in case promoter is a body corporate:
(A) a subsidiary or holding company of such body corporate;
(B) any body corporate in which the promoter holds ten per cent. or more of the equity share capital or which holds ten percent. or more of the equity share capital of the promoter;
(C) any body corporate in which a group of individuals or companies or combinations thereof which hold twenty per cent. or more of the equity share capital in that body corporate also holds twenty per cent. or more of the equity share capital of the issuer; and
(iv) in case the promoter is an individual:
(A) any body corporate in which ten percent. or more of the equity share capital is held by the promoter or an immediate relative of the promoter or a firm or Hindu Undivided Family in which the promoter or any one or more of his immediate relative is a member;
(B) any body corporate in which a body corporate as provided in (A) above holds ten per cent. or more, of the equity share capital;
(C) any Hindu Undivided Family or firm in which the aggregate shareholding of the promoter and his immediate relatives is equal to or more than ten per cent of the total;
(v) all persons whose shareholding is aggregated for the purpose of disclosing in the
prospectus under the heading "shareholding of the promoter group":
Provided that a financial institution, scheduled bank, foreign institutional investor and
mutual fund shall not be deemed to be promoter group merely by virtue of the fact that
ten per cent. or more of the equity share capital of the issuer is held by such person:
Provided further that such financial institution, scheduled bank and foreign institutional
investor shall be treated as promoter group for the subsidiaries or companies promoted
by them or for the mutual fund sponsored by them;
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