Paving the way for the takover of fraud-hit Satyam Computer,the Securities and Exchange Board of India (Sebi) has decided to revise the open offer norms in order to arrive at a fair price for such companies. The regulators move follows a request from Satyams government-appointed board for some exemptions from the open offer rules.
We will amend our regulations through guidelines to enable a transparent process for arriving at a price in case of such acquisitions, said Sebi chairman C B Bhave. However,he mentioned that the timeline for the amendment has not yet been decided.
Bhave said that the regulator felt that instead of providing a one-time exemption to Satyam it would be prudent to change the rules for such cases. “We must have a mechanism to deal with abnormal cases,” he said.
Satyam has seen a rapid decline in its share prices in the last two months starting with the announcement of an attempt to buy infrastructure companies promoted by Satyam chairman Ramalinga Raju’s kin and later compounded by his disclosure of a Rs 7,000-crore fraud in the company.
There was a dire necessity to change the rules as under the present regulations the 6-month-average-price rule any company interested to make an open offer for Satyam shares would have to pay a price almost five times Mondays closing price of Rs 57.60. This would be completely unviable for any prospective suitor considering the kind of liabilities sitting on Satyams books. There is a possibility that the regulator might approve two-weeks-average-price for Satyams open offer, said a financial analyst in Mumbai.
Under the present takeover regulations,an investor who acquires 15 per cent of a company needs to make an open offer for another 20 per cent at a price which is not less than the average share price of the previous six months.
Who all are likely to bid for Satyam?
• Engineering firm Larsen & Toubro has built up a 12% stake in Satyam and is presently its biggest shareholder. Its likely to increase the stake to 15 per cent in the next few days.
• Mahindra & Mahindra also said it would look at acquiring the IT company through its group company Tech Mahindra
• Spice group of BK Modi which is interested in taking over Satyam is ready to shell out Rs 2,000 cr
• Hinduja Global of the Hinduja group has also evinced interest in Satyam
• Essar is interested in Satyams BPO arm; iGate is keen on some parts of its businesses


