Explain the term Confidentiality of request under the SEBI (Informal Guidance) Scheme, 2003.
CS Executive · Securities Laws and Capital Markets · PYQS · December 2023
Explain the term Confidentiality of request under the SEBI (Informal Guidance) Scheme, 2003.
Answer & Explanation:
The SEBI (Informal Guidance) Scheme, 2003, allows for confidentiality of requests under certain conditions: Request for Confidential Treatment: Any person submitting a letter or written communication under this scheme may request confidential treatment for a specified period, not exceeding 90 days from the date of SEBI's Department's response. The request must include a statement explaining the basis for seeking confidentiality. Grant of Confidentiality: If the Department decides to grant the request, the letter or written communication will not be made available to the public until the specified period of confidentiality expires. Denial of Confidentiality and Withdrawal Option: If the Department determines that the request for confidential treatment should be denied, the requestor will be informed. Such a person then has the option to withdraw the letter or written communication within 30 days of receiving the advice. If withdrawn, any fee paid will be refunded. Effect of Withdrawal: If the request is withdrawn, no response will be provided by SEBI, and the letter or written communication will remain in SEBI's files but will not be made available to the public. Effect of Non-Withdrawal: If the letter or written communication is not withdrawn after the denial of confidentiality, it will be made available to the public along with any written staff response. This provision balances the need for transparency with the legitimate concerns of market participants who may require guidance on sensitive matters.
Topics: SEBI (Informal Guidance) Scheme, 2003
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