Critically examine the following: 'It is compulsory for the listed entities to provide the facility of e-voting to its shareholders under the SEBI (LODR) Regulations, 2015'.

CS Executive · Capital Markets & Securities Laws · PYQS · December 2019
Critically examine the following: 'It is compulsory for the listed entities to provide the facility of e-voting to its shareholders under the SEBI (LODR) Regulations, 2015'.

Answer & Explanation:

Meetings of shareholders and voting (Regulation 44 of SEBI (LODR) Regulations, 2015) The listed entity shall provide the facility of remote e-voting facility to its shareholders, in respect of all shareholders resolutions. The e-voting facility to be provided to shareholders, shall be provided in compliance with the conditions specified under the Companies (Management & Administration) Rules, 2014, or amendments made thereto. The listed entity shall submit to the stock exchange, within 48 hours of conclusion of its General Meeting details regarding the voting results in the format Specified by SEBI. The listed entity shall send proxy forms to holders of securities in all cases mentioning that a holder may vote either for or against each resolution. The top 100 listed entities by market capitalization, determined as on March 31st of every financial years, shall hold their annual general meetings within a period of 5 months from the date of closing of the financial year. The top 100 listed entities shall provide one-way live webcast of the proceedings of the annual general meetings. Explanation: The top 100 entities shall be determined on the basis of market capitalization, as at the end of the immediate previous financial year. The manner for e-voting as per Section 108 of the Companies Act, 2013 read with Rule 20 of Companies (Management & Administration) Rules, 2014, or amendments made thereto is as follow:- The notice of AGM state that the company is providing the facility for voting by electronic means and indicate the process and manner for voting by electronic means. The company shall cause a public notice by way of an advertisement to be published in newspapers at least 21 days before the AGM and specify the manners for e-voting. The Board of Directors shall appoint scrutiniser who, in the opinion of the Board can scrutinise the e-voting process in a fair and transparent manner. The Chairman shall declare the result of the voting and the results declared along with the report of the scrutiniser shall be forward to the stock exchange where the shares of the company are listed and be placed on the website of the company.

Topics: SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015

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