Write notes on the following: Whistle-blower policy.

CS Executive · Capital Markets & Securities Laws · PYQS · June 2016
Write notes on the following: Whistle-blower policy.

Answer & Explanation:

Whistle Blower Policy A whistle blower is the one who exposes wrongdoing, fraud, corruption or mismanagement in an organization. A whistle blower is a person who publicly complains/ discloses the concealed misconduct on the part of an organization or body of people, usually from within that same organisation. Whistle blower may be an employee, former employee, vendor, customer or other stakeholder. Whistle blower needs protection against retaliation/misbehavior by superiors. At the corporate level, the companies can provide protection to whistle blowers by establishing a well documented "Whistle Blower Policy" and ensuring its effectiveness practically. Section 177 (9) of the Companies Act, 2013 read with Rule 7 of the Companies (Meetings of Board and its Powers) Rules, 2014 also requires every listed company and Companies belonging to following class or classes to establish vigil mechanism for their directors and employees to report their genuine concerns or grievances: The Companies which accept deposits from the public; The Companies which have borrowed money from banks and public financial institutions in excess of fifty crore rupees. As per SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, the listed entity shall devise an effective whistle blower mechanism enabling stakeholders, including individual employees and their representative bodies, to freely communicate their concerns about illegal or unethical practices. Regulation 46 (2)(e) requires the listed entity shall disseminate the details of establishment of vigil mechanism/ Whistle Blower policy.

Topics: Corporate Governance

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