In Indian context, there is no single apex regulatory body which can be said to be the regulator of corporate but there exists a coordination mechanism among various functional regulators. Explain by providing examples.
CS Professional · Ethics, Governance and Sustainability · PYQS · June 2018
In Indian context, there is no single apex regulatory body which can be said to be the regulator of corporate but there exists a coordination mechanism among various functional regulators. Explain by providing examples.
Answer & Explanation:
In Indian context, there is no single apex regulatory body which can be said to be the regulator of corporate but there exists a coordination mechanism among various functional regulators: In India there are different regulators for different following areas: Companies Act and Rules – Ministry of Corporate Affairs Capital Market and Stock Exchange - SEBI Insurance - IRDA Foreign Business - FIPB Imports and Exports - FEMA/DGFT Foreign investment - RBI Examples: (1) Applicability of SEBI (LODR) regulations: SEBI is the prime regulatory authority which regulates all aspects of securities market and listed entities. The compliance with the corporate governance provisions as specified in SEBI (LODR) regulations shall not apply to a listed entity which has listed its specified securities on the SME Exchange, provided that for other listed entities which are not companies, but body corporate or are subject to regulations under other statutes, the provisions of corporate governance shall apply to the extent that it does not violate their respective statutes and guidelines or directives issued by the relevant authorities. (2) Issue of shares to non-residents under automatic route: An Indian company receiving foreign investment by issuing equity shares, under the FDI automatic route, should report the details of consideration received to the concerned Regional Office, Reserve Bank of India (RBI). For issuing shares the company shall comply with the provisions of Companies Act, 2013. For reporting issue and allotment of shares, the forms prescribed under Companies Act 2013 and as well as by Reserve Bank of India have to be filed within prescribed time limit.
Topics: Regulatory Framework
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