ABC Ltd. a listed company has been facing much litigation, before various legal and regulatory authorities, for a long time. Many documents have been produced in this regard, before various authorities. These documents a

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2023
ABC Ltd. a listed company has been facing much litigation, before various legal and regulatory authorities, for a long time. Many documents have been produced in this regard, before various authorities. These documents are having overlapping effect of such production i.e. the same document(s) is to be produced before various authorities. In this situation, advise the company regarding the preservation of documents relevant to the various litigations, specifically with reference to the period of preservation.

Answer & Explanation:

Documents arising out of various litigation wherein a company is a party in any manner, shall need to be preserved as per the directions/ orders of the court/s, tribunal/s, judicial and other authorities, as may be applicable, in absence of which the documents shall be preserved for a period of not less than 8 consecutive calendar years after conclusion of the litigation. Any authority dealing with the litigation shall have the power to direct a company to produce/preserve and/or may destroy any document/s. However if the documents were destroyed as per the policy of one authority, it may not be possible for the company to produce such documents, before any other authority if required. So necessary permission is to be taken by the Company and/or a statement to that effect shall be given by the Company from/to the relevant authorities. Any other action/s shall be taken by the Company, as may be advised by these authorities.

Topics: Document Management

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