Indicate the scope of secretarial audit, which should be taken into consideration by a Practicing Company Secretary, to examine and report the compliance of various laws/regulations as specified in the form MR-3, for sub
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2022
Indicate the scope of secretarial audit, which should be taken into consideration by a Practicing Company Secretary, to examine and report the compliance of various laws/regulations as specified in the form MR-3, for submission in Secretarial Audit Report.
Answer & Explanation:
In terms of Form MR-3 (Secretarial Audit Report), the Secretarial auditor needs to examine and report the compliance of the following: The Companies Act, 2013 and the rules made thereunder; The Securities Contracts (Regulation) Act, 1956 and the rules made thereunder; The Depositories Act, 1996 and the Regulations and Bye-laws framed thereunder; Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder to the extent of Foreign Direct Investment, Overseas Direct Investment and External Commercial Borrowings; The following Regulations and Guidelines prescribed under the Securities and Exchange Board of India Act, 1992:- The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011; The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015; The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009/2018; The Securities and Exchange Board of India (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999/ SEBI (Share Based Employee Benefits) Regulations, 2014/The Securities and Exchange Board of India (Share Based Employee Benefits and Sweat Equity) Regulations, 2021; The Securities and Exchange Board of India (Issue and Listing of Debt Securities) Regulations, 2008; The Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) Regulations, 1993 regarding the Companies Act and dealing with client; The Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2009/2021; The Securities and Exchange Board of India (Buy back of Securities) Regulations, 2018; The Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015. Other laws as may be applicable specifically to the company. Further, the Secretarial Auditor also needs to examine and report on the compliance with the applicable clauses of the following: Secretarial Standards issued by The Institute of Company Secretaries of India. The Listing Agreements entered into by the Company with ..Stock Exchange(s), if Applicable.
Topics: Secretarial Audit
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