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Bombay Chamber, Mumbai: The Securities and Exchange Board of India (SEBI) has a zero-tolerance policy on related party transaction (RPT) violations. Not just that, the kind of orders being passed of late against compliance officers is far-reaching. The Bombay Chamber of Commerce & Industry has learnt that SEBI is not only passing orders and levying fines on compliance officers but also writing to the Institute of Company Secretaries of India to take disciplinary action against the member.
Speaking at the Related Party Transaction (RPT) seminar held recently by the Bombay Chamber of Commerce & Industry in Mumbai, Bharat Vasani, Chairperson, Legal Affairs & IPR Committee, Bombay Chamber of Commerce & Industry and Senior Advisor – Corporate Laws at Cyril Amarchand Mangaldas, said, SEBI is not only making the director and compliance official accountable but also penalising them.
“I recently came across a case wherein a fine of Rs 2 crore was levied on the executive director to whom the company secretary was reporting. Additionally, the company secretary was fined Rs 3 crore because they were the compliance officer under Regulation 6 of the LODR and did not address the violations,” said Vasani, adding that apart from directors, company secretaries also need to meticulously look into non-compliance and point out the violations accordingly.
Regulation 6 of SEBI Listing Obligations and Disclosure Requirements (LODR) clearly outlines the obligations of a compliance officer. Some of the key obligations are listed below: The compliance officer of the listed entity shall be responsible for:
· Ensuring conformity with the regulatory provisions applicable to the listed entity in letter and spirit.
· Co-ordination with and reporting to the Board, recognised stock exchange(s) and depositories with respect to compliance with rules, regulations and other directives of these authorities in the manner specified from time to time.
· Ensuring that the correct procedures have been followed that would result in the correctness, authenticity, and comprehensiveness of the information, statements, and reports filed by the listed entity under these regulations.
(Write to us at legalipr@bombaychamber.com)
