"In the proceedings before the Ombudsman under SEBI regulations, strict rules of evidence under the Indian Evidence Act shall apply". Comment on the statement. Enumerate the particulars to be display by the company with

CS Executive · Securities Laws and Capital Markets · PYQS · December 2021
"In the proceedings before the Ombudsman under SEBI regulations, strict rules of evidence under the Indian Evidence Act shall apply". Comment on the statement. Enumerate the particulars to be display by the company with regards to Ombudsman.

Answer & Explanation:

In proceedings before the Ombudsman strict rules of evidence under the Indian Evidence Act shall not apply and the Ombudsman may determine his own procedure consistent with the principles of natural justice. Ombudsman shall decide whether to hold oral hearings for the presentation of evidence or for oral argument or whether the proceeding shall be conducted on the basis of documents and other materials. However, it shall not be necessary for an investor to be present at the oral hearing of proceedings under these regulations and the Ombudsman may proceed on the basis of the documentary evidence submitted before him. Display of the Particulars of the Ombudsman Every listed company or intermediary is required to display the name and address of the Ombudsman as specified by SEBI to whom the complaints are to be made by any aggrieved person in its office premises in such manner and at such place, so that it is put to notice of the shareholders or investors or unit holders visiting the office premises of the listed company or intermediary. The listed company or intermediary is required to give full disclosure about the grievance redressal mechanism through Ombudsman in its offer document or client agreement. Any failure to disclose the grievance redressal mechanism through Ombudsman or any failure to display the particulars would attract the penal provisions contained in Section 15 A of SEBI Act.

Topics: Investor Protection

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