Through the Legal Lens: Understanding IPO Pricing with the Lenskart Case

The recent wave of high-profile Initial Public Offerings (IPOs) by emerging Indian companies has repeatedly tested the core philosophy underpinning India’s capital markets. While public discourse tends to frame this as a clash between corporate ambition and investor protection, a closer legal examination suggests that the real friction lies between evolving market expectations and the existing regulatory framework. Debates surrounding prominent listings such as Lenskart often focus on perceived inequities in pricing, overlooking the robust legal framework that meticulously regulates this process. Let us look at the interplay between the Court of Public Opinion and the Court of Law. 

 

 

The Lenskart Case

The sheer magnitude of the proposed pricing in certain IPOs has repeatedly triggered market apprehension. In the context of the Lenskart offering, the core grievance stemmed from the implied diluted Price to Earnings (P/E) multiple, which was widely reported to fall in the range of approximately 217 to 228 times, contrasting sharply with a NIFTY 50 reference average of 22.67 times.  This significant pricing variance has led to observations that the pricing may appear on the higher side.

Beyond the P/E paradox, two other critical points attracted public attention. First, the substantial gap between the company’s pre-issue Net Asset Value (NAV), reported in the mid-30s, and the final Offer Price, which approached INR 400.  Secondly, debates arose over the structure of the fundraising itself, with critics highlighting that over 70% of the IPO proceeds were allocated to existing shareholders through an Offer for Sale (OFS), rather than being raised as fresh equity for capital infusion into the company. 

These points, while often discussed in market analyses, serve here purely as illustrative considerations in examining pricing and IPO structuring. It was disclosed that the founder/promoter acquired a substantial number of shares at approximately INR 52 per share in the months preceding the IPO. At the final offer price of INR 382–INR 402, these holdings reflect a significant unrealized gain. From a corporate governance perspective, such pre-IPO transactions are frequently examined in terms of disclosure practices and the potential for informational asymmetries, illustrating the need for transparency in public offerings.

Through the Lawyer’s Lens

In examining these IPO-related debates, it is important to ground the discussion in the underlying legal framework: India’s securities laws are primarily disclosure-driven rather than merit-based. Once this distinction is overlooked, the focus shifts from commercial judgment to questions of legal compliance.

Since the abolition of the Controller of Capital Issues in 1992, India has embraced a market-based approach to price discovery. Under this framework, the Securities and Exchange Board of India (SEBI) does not evaluate or certify whether an offer price is “fair” or “reasonable” from a commercial perspective. The legal standard is straightforward: the issuer must provide full and accurate disclosure of all material facts. The law’s commitment to investors lies in transparency, while the potential risks and potential rewards rest entirely with the market participants.

While the public may at times urge SEBI to “regulate” offer prices, the regulator’s consistent position of non-intervention reflects a deliberate legal and philosophical commitment to market autonomy. In this framework, investor protection is achieved by ensuring that all material information influencing the offer price is fully and accurately disclosed. This transparency enables investors to make informed decisions, even in cases where a company is priced at high multiples in anticipation of future growth.

The Legal Framework for Pricing and Disclosure

The Lenskart Solutions Ltd. IPO (2025) is a useful case study to understand India’s securities law framework governing pricing and disclosure in public issues. Under the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (ICDR Regulations), issuers are required to disclose the basis for determining the issue price, but SEBI neither comments on nor approves the pricing itself. Legally, therefore, the debate is not about how much the company is worth but whether its disclosures adequately reflect the assumptions, metrics, and risks underlying that pricing valuation. The ICDR Regulations mandate that issuers explain how the price band has been derived, whether through peer comparables, past transactions, or forward-looking financial data; and include cautionary disclosures on the inherent uncertainties of such estimates. If investors subsequently allege that material risks were concealed or assumptions misrepresented, liability may arise under both the Companies Act, 2013 and SEBI’s enforcement regime for misleading or incomplete disclosures.

India’s IPO regime recognises two permissible methods for price determination: the Fixed Price Method and the Book-Building Method, as provided under Regulation 6 of the ICDR Regulations. While the fixed price method involves a pre-decided issue price disclosed in the prospectus, the book-building process enables market-driven price discovery through investor bids within a pre-announced band. The issuer must announce this price band at least two working days before the issue opens, ensuring that the cap does not exceed 120 percent of the floor price. The process also requires public advertisement in specified newspapers and the filing of a Red Herring Prospectus (RHP) with SEBI. Although SEBI supervises procedural integrity, it does not fix or endorse the final price; its focus remains on the completeness, accuracy, and timeliness of disclosures. In Lenskart’s case, the company and its lead managers announced a price band of INR 382 – INR 402 per share, invited bids during the standard window, and ultimately priced the issue at the upper end. This approach reinforced SEBI’s disclosure-based philosophy, ensuring transparency and investor awareness without regulatory interference in valuation.

Legal Consequences in case of violation

Under the Companies Act, 2013, the liability framework for offer documents is anchored in the principle of full and accurate disclosure. A misstatement encompasses any untrue, misleading, or incomplete statement likely to mislead investors, while fraud arises where a false statement is knowingly made or a material fact knowingly omitted. Section 34 imposes criminal liability on promoters, directors, and any person authorising the issue of a misleading prospectus, equating such misconduct to fraud under Section 447. Conviction can result in imprisonment from six months to ten years, and fines up to three times the amount involved, with a mandatory minimum of three years for offences affecting public interest. Separately, Section 35 provides for civil liability, requiring directors, promoters, and experts named in the RHP to compensate investors for losses caused by misstatements, without prejudice to criminal proceedings.

Beyond the Companies Act, the Securities and Exchange Board of India (SEBI) enforces disclosure integrity through the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 (PFUTP), and the SEBI (Prohibition of Insider Trading) Regulations, 2015. Under Regulations 3 and 4 of PFUTP, misleading disclosures, false representations about use of IPO proceeds, or inducement to invest constitute actionable fraud. Penalties may include disgorgement, market access bans, and impounding of gains. Insider trading provisions further prohibit pre-IPO transactions executed while in possession of Unpublished Price Sensitive Information (UPSI). In practice, regulators and courts focus not on valuation differentials but on truthfulness and completeness of disclosure; fraud is established only when the prospectus ceases to serve as an accurate operational roadmap of the issuer.

SEBI’s Continued Shift Toward Stronger Disclosure Norms

India’s experience with ambitious IPO valuations followed by secondary-market volatility led SEBI to initiate structural reforms rather than numerical price controls. The regulator recognized that if it cannot dictate the price, it must aggressively enforce the quality of the information used to justify that price. This policy response, largely centred around the 2022 and 2025 ICDR amendments, represents a deployment of “soft control” measures designed to raise the governance bar for high-growth listings.

  • Standardizing KPI disclosure

Prior to 2022, disclosure of Key Performance Indicators (KPIs) – operational metrics critical for evaluating growing companies, lacked uniformity and external rigor. To mitigate the risk of narrative-driven pricing, SEBI standardized KPI disclosure.

The new framework requires that KPIs – such as total transacting customers, units sold, or EBITDA trajectory, must be clearly defined and their significance explained. Crucially, the process now mandates:

  1. Audit Committee Oversight: KPIs must be approved by the issuer company’s Audit Committee and Board of Directors before inclusion in the offer document.
  2. External Professional Certification: The disclosures must be subject to external professional certification.
  3. Ongoing Reporting: Issuers must continue reporting these KPIs for a prescribed period post-listing.

This stringent governance surrounding KPIs ensures that issuers are prevented from using unverifiable or purely promotional claims, forcing them to substantiate aggressive growth narratives with reliable, measurable, and auditable metrics.

  • Enhanced Transparency and Oversight of Fund Utilisation

SEBI also elevated the prominence of Weighted Average Cost of Acquisition and recent primary and secondary transaction disclosures to provide immediate clarity on valuation step-ups. This curbs “selective storytelling” by requiring issuers to publicly present the price points accepted by sophisticated investors proximate to the offer.

Furthermore, the integrity of capital deployment has been secured through tighter rules on the use of IPO proceeds. Amended ICDR Regulations now cap the utilization of funds for General Corporate Purposes (GCP) and future unidentified inorganic acquisitions. The aggregate amount raised for these two purposes together cannot exceed 35% of the total issue size, and the amount for unidentified acquisitions is capped at 25%. This ensures that most capital raised is dedicated to specific, disclosed business objects, mitigating the risk of future misuse or diversion of funds under the vague guise of “general corporate expenses”. Additionally, new rules require mandatory disclosure of material agreements that affect management or control, aligning disclosure standards and reducing hidden liabilities.

These structural corrections demonstrate that SEBI is focused on enhancing transparency around the determinants of pricing, equipping investors with sufficient analytical tools to assess valuation assumptions, and ensuring robust corporate governance.

Conclusion

The intent of the legislature, as embodied in the Companies Act, 2013 and reinforced by SEBI’s regulatory framework, is to safeguard investor confidence through transparency, not pricing control. The law demands accuracy, completeness, and integrity in disclosures, placing accountability squarely on those who disclose, authorise and certify the prospectus and subsequent disclosures.

With valuations/pricing being increasingly shaped by data and forward-looking narratives, distinguishing between prudent optimism and materially misleading statements is becoming more challenging. With issuers relying on forward-looking metrics, key performance indicators, and brand-based valuations, the interpretive burden on regulators intensifies. The question that now arises is whether India’s disclosure-based model will continue to effectively balance market innovation with the enduring principle of investor protection in an age where price is increasingly shaped by perception.

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From a corporate governance perspective, such pre-IPO transactions are frequently examined in terms of disclosure practices and the potential for informational asymmetries, underscoring the importance of transparency in public offerings.

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Govt Mandates Private Companies to Issue Dematerialised Shares

On October 27, 2023, the Central Government notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023, requiring private companies to issue securities only in dematerialised form w.e.f. September 30, 2024. The amendment rules modify Rule 9 and insert Rule 9B, Form PAS-7 and Form PAS-8 in the 2014 rules.

When it comes to unlisted public companies, the Government had mandated the issue of securities in dematerialised form via an amendment to the 2014 rules and the addition of Rule 9A, in the year 2018. In this article, we look at the major changes introduced under the 2023 amendment rules.

Conversion of share warrants

By inserting Rule 9(2), the amendment rules require public companies which have not converted the share warrants issued prior to the commencement of the Companies Act, 2013, into shares, to inform the Registrar about the details of the share warrants in Form PAS-7 (including information such as date of issue, number of shares, name of person, etc.), within 3 months. Such companies should also ensure that the bearers of the warrants surrender them and get the shares dematerialised in their account within 6 months. To bring this requirement to the knowledge of the bearers of share warrants, the said provision mandates companies to display and publish a notice in Form PAS-8 on their websites and in newspapers (in vernacular and English languages), respectively.

In case the warrant bearers fail to surrender the warrants within the stipulated time, it is the company’s responsibility to convert the share warrants into dematerialised shares and transfer them to the Investor Education and Protection Fund.

Private companies to issue securities in dematerialised form

The amendment rules provide for the insertion of a new provision, Rule 9B which deals with the issue of securities by private companies. All private companies, other than small companies, have been mandated to issue securities only in dematerialised form and facilitate the dematerialisation of all its securities. As per Sub-rule (2) of Rule 9B, private companies have to comply with the requirements listed under Rule 9B within 18 months of the closure of the financial year, i.e., by September 30, 2024. A private company, which is a small company per the audited financial statements for such financial year, will not be required to comply with the provisions of Rule 9B. Moreover, Government companies have been excluded from the purview of the rule.

After the said date, private companies referred to in sub-rule (2), before making any offer for issue of any securities, buyback of securities, issue of bonus shares or rights offer, have to ensure that “entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with the provisions of the Depositories Act, 1996 (22 of 1996) and regulations made thereunder”.

On or after September 30, 2024, the transfer of securities of private companies by its holder would require the holder to get the securities dematerialised before the transfer. Further, a holder of securities of such private companies would be required to ensure that all his securities are held in dematerialised form before subscribing to any securities of the concerned private company (i.e. if the subscription is made on or after the said date).

The provisions pertaining to the filing of application before a depository, compliance with circulars of SEBI or depository, filing of security holders’ grievances before the Investor Education and Protection Fund Authority, etc. under Rule 9A(4) to (10) would apply “mutatis mutandis” to the dematerialisation of securities under Rule 9B.

Remarks

The amendment rules clearly specify that the provisions regarding the issue of securities in dematerialised form do not apply to small companies. As per a joint reading of Section 2(85) of the Companies Act, 2013, and Rule 2(1)(t) of the Companies (Specification of Definition Details) Rules, 2014, a small company means a company, other than a public company, whose: –

  • Paid-up share capital does not exceed Rs.4 crore; and
  • Turnover as per profit and loss account for the immediately preceding financial year does not exceed Rs.40 crore.

The thresholds for paid-up share capital and turnover were last amended in September 2022. The Act also specifies that the said limits prescribed by the Government should not exceed Rs.10 crore and Rs.100 crore, respectively.

A proviso to Section 2(85) states that the said Section is not applicable to: –

  • Holding or subsidiary company;
  • Company registered under section 8 of the 2013 Act;
  • Body corporate or company governed by any special Act.

It follows that the abovementioned companies will not be treated as small companies even if they fulfil the conditions pertaining to paid-up share capital and turnover, and hence, would be bound by the present notification.

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The amendment rules provide for the insertion of a new provision, Rule 9B which deals with the issue of securities by private companies. All private companies, other than small companies, have been mandated to issue securities only in dematerialised form and facilitate the dematerialisation of all its securities. As per Sub-rule (2) of Rule 9B, private companies have to comply with the requirements listed under Rule 9B within 18 months of the closure of the financial year, i.e., by September 30, 2024. A private company, which is a small company per the audited financial statements for such financial year, will not be required to comply with the provisions of Rule 9B. Moreover, Government companies have been excluded from the purview of the rule.

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LLP Third Amendment Rules, 2023: Key Takeaways

On October 27, 2023, the Central Government notified the Limited Liability Partnership (Third Amendment) Rules, 2023, bringing in major changes pertaining to maintaining a register of partners, providing of declaration disclosing beneficial interest, etc.

The key features of the amendment rules, which came into force on the aforementioned notification date, are as follows: –

LLPs to maintain register of partners

As per the newly inserted provision, Rule 22A, if a Limited Liability Partnership (LLP) is incorporated subsequent to the date on which the amendment rules came into effect, it is required to maintain a register of its partners in Form 4A, from the date of its incorporation. The said register has to be kept at the LLP’s registered office. In case the LLP is already in existence, the LLP has to maintain such a register within 30 days of commencement of the amendment rules. The register of partners would have particulars including personal details of the partners (such as name, Corporate Identification Number, etc.), information regarding assets and other forms of contribution, and beneficial ownership, along with other necessary details.

When it comes to companies, such a requirement is already in place; a register of members has to be maintained by every company, as per Section 88 of the Companies Act, 2013, in the prescribed manner.

Declaration regarding beneficial interest

If a person with no beneficial interest in contribution is named in the register of partners, he has to furnish details of the person who actually holds the beneficial interest, in the form of a declaration in Form 4B, under Rule 22B. This declaration should be filed with the LLP within 30 days from the date on which his name was entered in the register. In the amendment rules, such persons are referred to as registered partners.

Sub-rule (2) of the said rule casts an obligation on persons whose names are not entered in the register but who hold or acquire a beneficial interest in contribution of the LLP, to disclose the beneficial interest vide declaration in Form 4C. The same has to be filed by such beneficial partners with the LLP within 30 days of acquiring the beneficial interest.

The abovementioned requirements to make declarations in respect of beneficial interest are similar to the ones applicable to companies under Section 89 of the Companies Act, 2013; if a person with no beneficial interest in the shares of a company has been named in the register of members of the company as the holder of shares, he is obligated to make a declaration in the prescribed manner. A person who holds or acquires a beneficial interest in the shares is also required to make a declaration to such a company.

Recording of declaration in the register of partners

When an LLP receives a declaration in Form 4B or Form 4C, the same has to be recorded in the register of partners. Further, the LLP has to file a return in Form 4D with the Registrar of Companies in this regard. The return has to be filed within 30 days from the date of receipt of the declaration.

This provision mirrors Section 89(6) of the Companies Act, 2013, as per which companies have to file a return with the Registrar in respect of the declaration received.

Appointment of designated partner

Under Rule 22B(4), an LLP is mandated to specify a designated partner for sharing information regarding beneficial interest in contribution, with the Registrar or any other authorised officer. The LLP would have to provide details of such a designated person in Form 4.

On a similar line, the Ministry of Corporate Affairs notified amendments to the Companies (Management and Administration) Rules, 2014, on the same day, i.e. October 27, 2023, making it mandatory for every company to designate a person for cooperating with and providing information to the Registrar (or any other authorised officer), with respect to beneficial interest in the shares of the company. The details of such a designated person have to be furnished by the company in its annual return.

Takeaways

As mentioned earlier, the Companies Act, 2013, requires every person who holds or acquires a beneficial interest in the share of a company to make a declaration in this regard. And now, the beneficial partners are mandated to file a declaration with the LLP, disclosing the beneficial interest, on par with the company form of entities. This will enable the Government of India to understand beneficial owners whose names may not always appear through direct investments.

On comparison of the provisions applicable to LLPs and companies, one can deduce that while the Companies Act, 2013, imposes punishment in the form of fines for failure in maintaining the register of members, making the declaration in respect of beneficial interest, or filing of return in respect of the declaration received by the company, the present notification makes no reference to the consequences of non-compliance with the amendment rules. However, in case of such non-compliance, Section 74 of the Limited Liability Partnership Act, 2008, would apply. The said Section specifies that if no penalty is provided for the contravention of any of the provisions of the Act or rules made thereunder, the penalty applicable to the LLP, partner, designated partner, or any other person who is in the default, would be as follows: –

  • a penalty of five thousand rupees.
  • in case of a continuing contravention, a further penalty of one hundred rupees for each day after the first during which such contravention continues, subject to a maximum of one lakh rupees.

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Under Rule 22B(4), an LLP is mandated to specify a designated partner for sharing information regarding beneficial interest in contribution, with the Registrar or any other authorised officer. The LLP would have to provide details of such a designated person in Form 4. On a similar line, the Ministry of Corporate Affairs notified amendments to the Companies (Management and Administration) Rules, 2014, on the same day, i.e. October 27, 2023, making it mandatory for every company to designate a person for cooperating with and providing information to the Registrar (or any other authorised officer), with respect to beneficial interest in the shares of the company. The details of such a designated person have to be furnished by the company in its annual return.

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MCA Eases Shifting of Registered Office for New Management

The Ministry of Corporate Affairs has notified the Companies (Incorporation) Third Amendment Rules, 2023 specifying that the shifting of the company’s registered office from one State to another may be allowed in case a new management has taken over the company under a resolution plan approved by the adjudicating authority under Section 31 of the Insolvency and Bankruptcy Code, 2016. The amendment rules have come into operation w.e.f. October 21, 2023.

As per provisions of the Companies Act, 2013, the shifting of the registered office from one State to another requires the passing of a special resolution and adherence to Section 13 of the Act. The said Section specifies that such change in the memorandum will have to be duly approved by the Central Government. To facilitate the same, Rule 30 of the Companies (Incorporation) Rules, 2014, elaborates on the procedure to be followed for obtaining the approval.

Overview of Procedure

Rule 30 provides that the application for the Central Government’s approval has to be made in Form No.INC-23. Further, the prescribed fee has to be paid and the application has to be filed along with the requisite documents including copies of the MOA, minutes of the general meeting (where the resolution on the memorandum’s alteration was passed), and the Board Resolution or POA or Vakalatnama. The 2014 rules also envisage the submission of affidavits, advertising the application in Form No.INC-26 (in vernacular and English newspapers), and serving of notices to creditors and debenture-holders (and if the company is listed, to the Registrar and SEBI, and if it is regulated under any special Act or law, then to the concerned regulatory body). If no objection is received to the advertisement or notices, no hearing will be held and the Central Government will directly proceed with issuing an order, either approving the memorandum’s alteration or rejecting it. In case any objection is received, a hearing will be held and based on the company’s affidavit recording the consensus of the parties or the manner in which the objection would be resolved, the Central Government will pass an appropriate order.

After the Central Government passes the order approving the memorandum’s alteration, a certified copy of the same has to be filed in Form No.INC-28 along with the necessary fee, before the Registrar of the State (under Rule 31). The provisions of the 2013 Act mention that such a copy must be filed with the Registrar of both the States and “the Registrar of the State where the registered office is being shifted to, shall issue a fresh certificate of incorporation indicating the alteration”.

Sub-rule (9) of Rule 30 empowers the Central Government to lay down terms and conditions while approving the application for alteration if required. However, the proviso to said sub-rule states that the shifting of registered office from one State to another will not be permitted if any inquiry, inspection, or investigation has been initiated against the company or any prosecution is pending against the company under the Act.

Changes under the Amendment Rules

The amendment to sub-rule (9) of Rule 30 provides that the shifting of the registered office may be allowed in case a new management has taken over the company under a resolution plan approved by the adjudicating authority under Section 31 of the 2016 Code. However, the same is subject to the following conditions: –

  • no appeal against the resolution plan is pending in any Court or Tribunal; and
  • no inquiry, inspection, or investigation is pending or initiated after the approval of the said resolution plan.

A joint reading of the provisos leads one to the following conclusions: –

  • The Central Government confirming the alteration shall no further have the right to order costs to approve the shifting of the registered office from one State to another.
  • The Central Government shall not allow shifting of the registered office from one State to another in case the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Code, when: –
  1. appeal against the resolution plan is pending in any Court or Tribunal; or
  2. inquiry, inspection, or investigation is pending; or
  3. inquiry, inspection, or investigation is initiated after the approval of the said resolution plan.
  • The words “under the Act” have been used under the first proviso to sub-rule (9) of Rule 30 which pertains to the inquiry, inspection, or investigation under the Companies Act. However, the second proviso of sub-rule (9) to Rule 30 does not contain the words “under the Act / under the Code”, which causes ambiguity.

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The amendment to sub-rule (9) of Rule 30 provides that the shifting of the registered office may be allowed in case a new management has taken over the company under a resolution plan approved by the adjudicating authority under Section 31 of the 2016 Code. However, the same is subject to the following conditions: –

  • no appeal against the resolution plan is pending in any Court or Tribunal; and
  • no inquiry, inspection, or investigation is pending or initiated after the approval of the said resolution plan.

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