Section 43 in Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009
43. Allocation in net offer to public.
(1)No person shall make an application in the net offer to public category for that number of specified securities which exceeds the number of specified securities offered to public.(2)In an issue made through the book building process, the allocation in the net offer to public category shall be made as follows:(a)not less than thirty five per cent. to retail individual investors;(b)not less than fifteen per cent. to non-institutional investors;(c)not more than fifty per cent. to qualified institutional buyers, five per cent. of which shall be allocated to mutual funds:Provided that in case of an issue made in terms of sub-clause (i) of clause (a) of sub-regulation (2) of regulation 26, at least fifty per cent. of the net offer to public shall be allotted to qualified institutional buyers:Provided further that where the issuer is required to allocate sixty per cent. of the net offer to public to qualified institutional buyers in terms of the provisions of sub-clause (b) of clause (2) of rule 19 of Securities Contracts (Regulations) Rules, 1957, allocation to retail individual investors and non-institutional investors shall be thirty per cent. and ten per cent. respectively:Provided further that in addition to five per cent. allocation available in terms of clause (c), mutual funds shall be eligible for allocation under the balance available for qualified institutional buyers.(3)In an issue made through the book building process, the issuer may allocate upto thirty per cent. of the portion available for allocation to qualified institutional buyers to an anchor investor in accordance with the conditions specified in this regard in Schedule XI.(4)In an issue made other than through the book building process, allocation in the net offer to public category shall be made as follows:(a)minimum fifty per cent. to retail individual investors; and(b)remaining to:(i)individual applicants other than retail individual investors; and(ii)other investors including corporate bodies or institutions, irrespective of the number of specified securities applied for;(c)the unsubscribed portion in either of the categories specified in clauses (a) or (b) may be allocated to applicants in the other category.Explanation. - For the purpose of sub-regulation (4), if the retail individual investor category is entitled to more than fifty per cent. on proportionate basis, the retail individual investors shall be allocated that higher percentage.
