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SEBI updates - May 2016



(1.) Revised Formats under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

SEBI Circular:

Circular No: SEBI/HO/CFD/DCR1/CIR/P/2016/52 dated May 2, 2016

Applicability:

To all the listed companies.

Crux of the Circular

-       SEBI vide its circular no SEBI/CFD/DCR/SAST/1/2011/09/23 dated September 23, 2011 had prescribed the format for report to be furnished to stock changes under Regulation 10(5) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 2011.

-       While filing the reports the acquirers were also required to file the compliance report under Chapter V of the regulations.

-       As no time frame was mentioned in the format for reporting, this circular was issued to remove the said difficulty.

-       As per this circular the compliance should be reported for a period of 3 years.

-       The formats have been revised accordingly.

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(2.) Procedure to deal with cases prior to April 1, 2014 involving offer/ allotment of securities to more than 49 and upto 200 investors in a financial year

SEBI Circular:

Circular No: CFD/DIL 3/CIR/P/2016/53 dated May 3, 2016

Applicability:

To all the listed companies.

Crux of the Circular

-    Earlier as perSEBI’s circular (circular no CIR/CFD/DIL 3/ 18/ 2015 dated December 31, 2015) while dealing with cases involving offer/ allotment of securities to more than 49 to 200 persons, as a procedure a compliance certificate from an independent peer reviewed practicing chartered accountant was mandated.

-         As per this circular SEBI has not permitted to obtain this compliance certificate from an independent peer reviewed practicing Company Secretary also.

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(3.) Disclosure of the Impact of Audit qualifications by the Listed Entities

SEBI Circular:

Circular No: CIR/CDF/CMD/56/2016 dated May 27, 2016

Applicability:

To all the listed companies.

Crux of the Circular

-       Through this circular SEBI as a process of streamlined the existing procedure with regard to reviewing the audit qualifications contained in the audit reports of the listed entities has,

o   directed the listed companies to disseminate the cumulative impact of all the audit qualifications in a separate format.

o   Presenting the audit qualifications in a separate format will facilitate the investors in making informed investment decisions as the information would be made available to the investors without any delay.

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