The clarification has been provided in the latest set of Frequently Asked Questions (FAQs) on Sebi (Delisting of Equity Shares) Regulations, 2009.
"The promoter of a small company would be considered to have complied with the condition under regulation 27(3)(d), if the public shareholders, irrespective of their numbers, holding 90 per cent or more of the public shareholding give their positive consent in writing to the proposal for delisting," Sebi said.
In that case, the tribunal had ruled that getting consent from over 90 per cent public shareholders satisfies the requirements of 27(3)(d).
With respect to voluntary delisting of small companies, entities having a paid up capital of less than Rs 10 crore and net worth below Rs 25 crore would not be required to follow the Reverse Book Building process subject to certain conditions.
In such cases, the promoter decides the exit price in consultation with the merchant banker and then the public shareholders are informed.
Once the requisite consent is received, the promoter makes payment of consideration for the same and the shareholders can exit, as per Sebi.