Sebi slaps Rs 10 crore fine on Sybly Industries for GDR manipulation
New Delhi: Markets regulator Sebi on Friday slapped a fine of over Rs 10 crore on Sybly Industries Ltd in a matter related to manipulation in issuance of global depository receipts (GDR).
The penalty follows a probe by the regulator regarding the firm's allotment of 1.51 million GDR amounting to USD 6.99 million on the Luxembourg Stock Exchange in June 2008. During the probe, Sebi observed that the entire 1.51 million GDR were subscribed by only one entity, Vintage FZE (now known as Alta Vista International FZE).
The subscription amount for GDR was paid by Vintage after obtaining loan from European American Investment Bank (EURAM). However, the loan paid by Vintage was secured by pledge agreement between Sybly and EURAM Bank, the regulator said.
Sebi further said that the GDR issue would not have been subscribed if the Sybly had not given such security towards the loan taken by Vintage.
"Such fraudulent arrangement was not disclosed to the stock exchange in a true and complete manner but was reported as misleading news and would have influenced decision of investors," the regulator noted.
The fraudulent arrangement violated PFUTP (Prohibition of Fraudulent and Unfair Trade Practices) regulations and by not informing to the exchanges the delisting of GDR in April 2013, which was price sensitive information, the firm violated Listing Agreements, Sebi said.
Besides, the firm did not disclose the pledge agreement in the financial statements for the corresponding year and thereby contravened Listing Agreements.
Accordingly, the Securities and Exchange Board of India (Sebi) imposed a fine of Rs 10.30 crore on the firm.