You are in the process of doing due diligence of ABC Ltd. a listed company on an assignment. How will you check the correctness of the Constitution of the Board, based on the status (executive/non-executive) of the Chair

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2023
You are in the process of doing due diligence of ABC Ltd. a listed company on an assignment. How will you check the correctness of the Constitution of the Board, based on the status (executive/non-executive) of the Chairperson.

Answer & Explanation:

As per regulation 17(1)(b) of the SEBI (LODR) Regulations, 2015, the points to be checked based on the status of the Chairperson are - Is the Chairperson an Executive Chairperson? If the Chairperson is executive, does 50% or more of the Board consist of Independent Directors? If the Chairperson is non-executive and is a promoter of the Company or is related to any promoter or person occupying management positions at the Board level or at one level below the Board, does 50% or more of the Board consist of Independent Directors? If the Chairperson is non-executive and is not a promoter of the Company or is not related to any promoter or person occupying management positions at the Board level or at one level below the Board, does one third or more of the Board consist of Independent Directors?

Topics: Due Diligence

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