SEBI Raises Concerns as Companies Use IPO Funds to Repay Promoter Loans

Baishakhi Mondal

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SEBI’s Stance on IPO Fund Utilization Shifts: What You Need to Know

The Securities and Exchange Board of India (SEBI) has recently raised concerns regarding the use of funds collected through Initial Public Offerings (IPOs), particularly when it comes to repaying loans taken by promoters or their groups. This regulatory position has led to calls for companies seeking to go public to clarify and potentially alter how they plan to use the proceeds from their IPOs.

Understanding the Regulatory Framework

Currently, while there are no explicit regulations preventing companies from utilizing IPO funds for settling promoter debts, SEBI has signaled its unwillingness to approve such usage in pending applications. This shift is indicative of a more stringent oversight aimed at ensuring that IPO funds are directed toward business growth and not merely repaying existing debts.

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Impact on Companies and IPO Processes

As a result of SEBI’s new guidelines, various companies have faced delays in the approval of their IPO applications. SEBI has advised some firms to consider refinancing their loans through other financial institutions before employing IPO proceeds to pay off these debts. This strategy ensures that funds are allocated responsibly, supporting the company’s operations rather than merely shifting debt obligations.

Reactions from the Market

In light of these developments, merchant banks and financial institutions have expressed their concerns and have requested SEBI to revisit its position. A meeting is anticipated soon, which may lead to further discussions on this matter and potentially affect the future of IPO funding strategies.

A Case in Point: Afcons Infrastructure Changes Its Plans

One notable example is Afcons Infrastructure, part of the Shapoor Pallonji Group, which had initially aimed to allocate ₹100 crore of its IPO funds to repay a loan from Shapoorji Pallonji Finance Pvt. Ltd., a company within the promoter group. However, following SEBI’s objections, the firm has revised its funding plan, now directing that amount toward settling a loan with State Bank of India instead.

Conclusion: Moving Forward with IPOs

As SEBI continues to refine its approach to IPO fund utilization, companies must adapt to these changes to meet regulatory expectations. Clarity regarding the intended use of funds is crucial for companies seeking to maintain their investment appeal while ensuring compliance with regulatory mandates. This evolution in the IPO landscape serves as a reminder of the importance of transparency and financial responsibility in the capital markets.

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