Applicable Framework for Investment under CERC Power Market Regulations, 2010
“The Regulation 19(1) of Central Electricity Regulatory Commission (Power Market) Regulations, 2010 states that “(i) any shareholder other than a member of the power exchange can have a maximum (whether directly or indirectly) of 25% shareholding in the power exchange(ii) a member of the power exchange can have a maximum (whether directly or indirectly) of 5 % shareholding in the power exchange(iii) in total, a power exchange can have a maximum of 49% of its total shareholding owned by entities (whether directly or indirectly) which are members of the power exchange””
Applicable Framework under SEBI Substantial Acquisition of Shares and Takeovers Regulations, 2011
“Shareholders must declare immediately to the Company if they hold shares along with persons acting in concert for the definition of ‘Persons Acting in Concert’ Please refer regulation 2(Q) of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.”
Applicable Framework for Investment in Power Exchange as per Consolidated FDI Policy, 2017
“As per the entry number 5.2.24 of Chapter 5 of Consolidated FDI Policy, 2017, Power Exchanges registered under CERC Power Market Regulation, 2010 can hold a maximum of 49% of FDI under automatic route. The other related provisions are as under:
- FII/FPI purchases shall be restricted to secondary market only;
- No non-resident investor/entity, including persons acting in concert, will hold more than 5% of the equity in these companies;
- The foreign investment would be in compliance with SEBI Regulations; other applicable laws/regulations; security and other conditionalities."