Atindra Financial Institutions Group started a new Company for Mutual Fund business. It has sought all the requisite approvals from various regulators. Few of the senior staff were moved from existing group companies to
CS Professional · Corporate Funding & Listings in Stock Exchanges · PYQS · December 2021
Atindra Financial Institutions Group started a new Company for Mutual Fund business. It has sought all the requisite approvals from various regulators. Few of the senior staff were moved from existing group companies to new Mutual Fund Company. The CFO of the new Company is of the view that they also need to appoint a Company Secretary as Compliance Officer. Explain the role of Compliance Officer.
Answer & Explanation:
As per Regulation 6 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 which deals with Compliance Officer and his Obligations, every listed company shall appoint a qualified Company Secretary as the Compliance Officer, who is responsible for: Ensuring conformity with the regulatory provisions in letter and spirit. Co-ordination with and reporting to SEBI, recognized stock exchange(s) and depositories. Monitoring email address of grievance redressal division for the purpose of registering complaint by investors. Ensuring correctness, authenticity and comprehensiveness of the information, statements and reports filed by listed entities. This regulation is not applicable to listing of units of mutual funds. It may be noted that under this regulation, great responsibility has been cast on the Company Secretary holding the position of Compliance officer in a listed entity. Further under the Regulation 18(d) of the SEBI (Mutual Funds) Regulations, 1996, the rights and obligations of the trustees of Mutual Fund includes appointment of Compliance Officer who shall be responsible for monitoring the compliance of the Act, rules and regulations, notifications, guidelines, instructions, etc., issued by the SEBI or the Central Government and for redressal of investors grievances. As mentioned above the Mutual Fund Company though is not required to appoint a Company Secretary as Compliance Officer. However, to ensure compliances, they shall appoint a Compliance officer. Therefore, on voluntary basis Mutual Fund can appoint Company Secretary as Compliance Officer considering the role and responsibilities.
Topics: Corporate Governance & Listing
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