Regulations
SEBI fails to address doubts over Listing Regulations
The FAQs released by SEBI on the new listing regulations, does not address any of the issues the industry was grappling with
 
Ever since the Listing Obligations and Disclosure Requirements Regulations, 2015 (LODR or Regulations) has replaced the existing Listing Agreements vide notification on 2 September 2015, followed by circulars of different dates, there are umpteen number of unclear provisions and unanswered questions in the minds of stakeholders. 
 
With such myriad doubts hovering in the mind of the stakeholders, the industry hoped to get some clarity from market regulator Security and Exchange Board of India (SEBI). 
 
After four months of exposure and more than one month of implementation and public debate on the inference of the provisions of grey areas of the Regulations, the SEBI has decided to release the FAQs on LODR on 8 January 2016. 
 
The three-page FAQs were issued by SEBI to answer questions that have been agitated and debated in about dozens of workshops all over the country. Most of the answers are too obvious. Apart from clarifying on the Regulation 30(9) of the Regulations, which pertains to disclosure of material events of the subsidiary of a listed entity, the FAQs are rather a keepsake and far from addressing any of the issues the industry was grappling with.
 
Some of the ambiguous provisions of LODR, which require some clarity from the SEBI are as under: 
  1. The applicability of the Business Responsibility Report- whether the reporting requirement is from FY2016-17 or FY2017-18;
  2. The applicability of the requirement of disclosing the acquisition of 5% of shares/voting rights in a company or further +/- 2% change by a NBFC or a banking company when such acquisition is pursuant to any CDR/SDR schemes floated by RBI – the same should be exempted by way of a notification;
  3. For the purpose of Regulation 9, which pertains to preservation of documents – the definition of the term “documents” – whether the same is limited to the documents required under LODR or includes documents pertaining to other laws like Companies Act, 2013 as well;
  4. For the purpose of Regulation 30, while the qualitative definition of materiality of event is given, the quantitative definition of the same is left to be inferred from international standards and thumb rule;
  5. Regarding “archival policy” – Except for a mention in regulation 30(8), the Regulations nowhere provides about preparing/adopting of an archival policy. Therefore a listed entity apparently has to have an archival policy. However, there is no clarity on the point that if such entity already have an archival policy in place, whether streamlining the same in line with the regulations will suffice or will such entity have to prepare a new archival policy altogether. 
  6. The SEBI circular regarding disclosure of shareholding of a listed entity mentions about disclosing of details of “NBFCs registered with RBI” – it is not possible for a listed entity to know which all shareholders who are NBFCs are registered
These are only a few of such lingering issues. There are more such provisions in the LODR which are left for interpretation by the market participants. The only way to find a conclusion is by way of clarification from SEBI. 
 
(Nitu Poddar is a Company Secretary by qualification and works as Associate at Vinod Kothari & Company)

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COMMENTS

Padmakar

11 months ago

I have enquired with SEBI on one question. A company approached SEBI for IPO on the basis of the NOC given by the existing Bankers. Before going to public, the company inducted additional bankers into the consortium. Now since the banks to the company are changed, is it not necessary for the company to approach SEBI with the new bankers - getting again a NOC from the present existing bankers? Does it not amount to hiding of facts, if the company goes to public without declaring names of all the bankers to the Company? But no reply from SEBI even after more than a week

Vaibhav Dhoka

11 months ago

Mostly SEBI fails to address queries from investor,public as there is no direct approach,one has to go thro' score.gov.in.Recently public issues were hit but one doesn't know the basis of allotment in retail portion.The issue is subscribed 8 times but highest bidder is not allotted shares.It sis therefore leaves doubt in investors mind and chances of malpractice is highest due to confidentiality.SEBI should come clear on this issue.

Think of harsher punishment for child rape accused: SC
New Delhi : The Supreme Court on Monday said parliament may think of formulating laws providing for harsher punishment for those accused of rape and abuse of minor children.
 
An apex court bench headed by Justice Dipak Misra said this while hearing a petition filed by Supreme Court Women Lawyers Association seeking castration of child rape convicts.
 
The bench told the petitioner's lawyer Mahalakshmi Pavani that emotions and sentiments could not be a basis for framing of laws for providing stringent punishment for convicts. 
 
The court noted Attorney General Mukul Rohatgi's submission that law-making power was within the domain of parliament and the same could not be exercised by courts.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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Binny Bansal appointed Flipkart CEO
Bengaluru : Indian e-commerce giant Flipkart on Monday announced that co-founder Binny Bansal will replace Sachin Bansal as the chief executive of the company.
 
Sachin Bansal, also the co-founder of the company, stepped down from the post.
 
"Sachin Bansal, CEO and co-founder of Flipkart will be the executive chairman of the company and Binny Bansal, COO and co-founder of Flipkart will be the chief executive officer," the company said in a statement.
 
As Flipkart's executive chairman, Sachin Bansal will provide strategic direction to the company and mentor the senior leadership.
 
Also continuing to be the chairman of the board, Sachin Bansal will look out for new investment opportunities, champion Indian e-commerce sector and represent Flipkart in external forums, the statement added.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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