COVID-19 – SEBI issues relaxations for Listed Companies
The global outbreak of corona virus (COVID-19) is an unprecedented event that has led to lockdowns and unexpected restrictions on the public as well as the corporate sector across the world. Due to this situation companies are likely to face difficulties in undertaking timely compliances of various applicable laws. Keeping in mind the aforesaid, SEBI has issued numerous relaxations for compliances under provisions of the SEBI. We have analysed below some of the major relaxations introduced by SEBI.
Relaxations introduced by the Securities and Exchange Board of India
In order to reduce compliance burden on listed entities, the Securities and Exchange Board of India (SEBI) has, inter alia, issued various circulars on 29th April 2021. Such relaxations are as below:
Extension of time for compliances/filings –
SEBI has extended the last date of filing for various compliances as quarterly, half yearly and annual submissions to be made. Click here for order Relaxation from compliance with certain provisions of the SEBI(LODR) Regulations 2015 and Click here for the certain provisions of the SEBI(LODR) regulations 2015/ other applicable circulars due to CoVID-19 pandemic.
The major relaxations are as below:
S.N | Regulations | Requirement | Due Date | Extended deadline for the quarter/half year/ year ending March 31, 2021 | ||||||||||
1. | Regulation 24A read with circular No CIR/CFD/CMD1/27/2019 dated February 8,2019 relating to Annual Secretarial Compliance report | Sixty days from the end of FY | May 30, 2021 | June 30, 2021 | ||||||||||
2. | Regulation 33 (3) Quarterly/financial results/Annual Audited Financial Results | Forty-five days from end of the quarter/ Sixty days from the end of FY | May 15,2021 May 30, 2021 |
June 30, 2021 | ||||||||||
3. | Regulation 32 (1) read with SEBI circular No. CIR/CFD/CMD1/162/2019 dated December 24, 2019 on Statement of deviation or variation in use of funds | Along with the financial results (within 45 days of end of each quarter/ 60 days from end of the FY) | May 15,2021 May 30, 2021 |
June 30, 2021 | ||||||||||
For entities that have listed their debt securities under the SEBI (Issue and Listing of Debt Securities) Regulations, 2008, EBI (Issue and Listing of Non-convertible Redeemable Preference Shares Regulations, 2013, and SEBI (Public Offer and Listing of Securitised Debt Instruments) Regulations, 2008 | ||||||||||||||
4. | Regulation 52(1)-Half-yearly financial Results Regulation 52(2)- Annual Audited Financial Results |
Forty-five days from end of the quarter/ Sixty days from the end of FY | May 15,2021 May 30, 2021 |
June 30, 2021 | ||||||||||
5. | Regulation 52(7) read with SEBI circular no. SEBI/HO/DDHS/08/2020 Dated January 17, 2020 on Statement of deviation or variation in use of funds | Along with the financial results (within 45 days of end of each quarter/ 60 days from end of the FY) | May 15,2021 May 30, 2021 |
June 30, 2021 | ||||||||||
For entities that have listed their bonds under the SEBI (Issue and Listing of Municipal Bonds Regulations, 2015 | ||||||||||||||
6. | Requirements as per circular no. SEBI/HO/DDHS/CIR/P/134/2019 dated November 13, 2019 Annual Audited Financial Results | Sixty days from the end of FY | May 30, 2021 | June 30, 2021 | ||||||||||
For entities that have listed Commercial Paper | ||||||||||||||
7. | Requirements as per SEBI/HO/DDHS/DDHS/CIR/P/2019/115 dated October 22, 2019 Half Yearly Financial Results/Annual Audited Financial Results | Forty-five days from end of the half year/ 60 days from the end of FY | May 15,2021 May 30, 2021 | June 30, 2021 |
- Listed entities are permitted to use digital signature certifications for authentication/ certification of filings/submissions made to the stock exchange under SEBI(LODR) Regulations, 2015 for all filings until December 31,2021.
- The Circular is issued in exercise of the powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 read with Regulation 101 of the LODR Regulations.
Extension of time for compliances with the following regulatory requirements by the Trading Members / Clearing Members / Depository Participants / KYC Registration Agencies – In view of the prevailing situation due to Covid-19 pandemic and representation received from the Association of National Exchanges Members of India (ANMI), Stock Exchanges and Depositories, it has been decided to extend the timelines for compliance with the following regulatory requirements by the Trading Members / Clearing Members / Depository Participants / KYC Registration Agencies, Click here for order. The relaxations are as below:
S.N | Compliance | Extended timeline / Period of exclusion | |||||||||||||
1. | Maintaining call recordings of orders / instructions received from clients. | Till June 30, 2021 | |||||||||||||
2. | Submission of Internal Audit Report for HYE March-2021 | Till July 31, 2021 | |||||||||||||
3.
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KYC application form and supporting documents of the clients to be uploaded on system of KRA within 10 working days. | Till June 30, 2021, documents may be uploaded on to the system of KRA within 15 working days.
*A 30-day time period is provided to SEBI Registered Intermediary after June 30,2021 to clear the backlog |
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4.
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Issue of Annual Global Statement to clients. | Till June 30, 2021.
*Relaxation is provided only if the client has requested for a physical statement. |
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5. | Net worth certificate in Margin Trading for CM Segment for HYE March 31, 2021 | Till July 31, 2021 | |||||||||||||
6. | Net worth certificate for all members for HYE March 2021. | Till July 31, 2021 | |||||||||||||
7. | Reporting of Risk based supervision | Till July 31, 2021 | |||||||||||||
8. | Risk Assessment Template | Till July 31, 2021 | |||||||||||||
9. | Reporting for Artificial Intelligence (AI) and Machine Learning (ML) applications | Till July 31, 2021 | |||||||||||||
10. | Client Funding Reporting | Till June 30, 2021 | |||||||||||||
11. | Submission of System Audit Report for the period ended March 2021 | Till July 31, 2021 | |||||||||||||
12. | Submission of Cyber Security & Cyber Resilience Audit Report for the period ended March 2021 | Till July 31, 2021 | |||||||||||||
13. | To operate the trading terminals from designated alternate locations. | Till June 30, 2021 | |||||||||||||
14. | Compliance certificate for Margin Trading for CM Segment for HY ended March 31, 2021 | Till July 31 | |||||||||||||
15. | System Audit /Cyber Audit Report – Algo / Type III Members for the period ended March 31, 2021 | Till July 31 | |||||||||||||
16. | Action taken/follow-on audit report for System Audit /Cyber Audit Report for 2019-20 | Till July 31 |
Relaxation in time period for certain activities carried out by Depository Participant:
S.N | Compliance | Extended timeline / Period of exclusion | |||||||
1. | BO Grievances Report | Till May 31, 2021 for the month of April 2021 and till June 30, 2021, for the month of May 2021. | |||||||
2. | Redressal of investor grievances | During period from April 01, 2021 to June 30, 2021 timeline permitted for redressal of grievances extended to 30 days. | |||||||
3. | Closure of demat account | During period from April 01, 2021 to June 30, 2021 may be excluded in timelines of 30 days provided no charges shall be levied for the period after receipt of closure request. |
- This circular is issued in exercise of powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 and Section 19 of the Depositories Act to protect the interests of investors in securities and to promote the development of, and to regulate the securities markets.
In current scenario of the lockdown and restrictions imposed, the above temporary relaxations will enable companies to avoid penalties on account of unavoidable delay in meeting their regulatory compliances.
Disclaimer: This is an effort by Lexcomply.com to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.
Ankit Arora
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