Question
As per Reg 3 of SEBI (Prohibition of InsiderÂ
Trading) Regulations, 2015, what is the purpose of the provision regarding "legitimate purposes"?Solution
As per Reg 3- Communication or procurement of unpublished price sensitive information. (1)No insider shall communicate, provide, or allow access to any unpublished price sensitive information, relating to a company or securities listed or proposed to be listed, to any person including other insiders except where such communication is in furtherance of legitimate purposes, performance of duties or discharge of legal obligations. NOTE:This provision is intended to cast an obligation on all insiders who are essentially persons in possession of unpublished price sensitive information to handle such information with care and to deal with the information with them when transacting their business strictly on a need-to-know basis. It is also intended to lead to organizations developing practices based on need-to-know principles for treatment of information in their possession. (2)No person shall procure from or cause the communication by any insider of unpublished price sensitive information, relating to a company or securities listed or proposed to be listed, except in furtherance of legitimate purposes, performance of duties or discharge of legal obligations. NOTE:This provision is intended to impose a prohibition on unlawfully procuring possession of unpublished price sensitive information. Inducement and procurement of unpublished price sensitive information not in furtherance of one’s legitimate duties and discharge of obligations would be illegal under this provision. [(2A) The board of directors of a listed company shall make a policy for determination of “legitimate purposes” as a part of “Codes of Fair Disclosure and Conduct” formulated under regulation 8.Explanation –For the purpose of illustration, the term “legitimate purpose” shall include sharing of unpublished price sensitive information in the ordinary course of business by an insider with partners, collaborators, lenders, customers, suppliers, merchant bankers, legal advisors, auditors, insolvency professionals or other advisors or consultants, provided that such sharing has not been carried out to evade or circumvent the prohibitions of these regulations.] [(2B) Any person in receipt of unpublished price sensitive information pursuant to a “legitimate purpose” shall be considered an “insider” for purposes of these regulations and due notice shall be given to such persons to maintain confidentiality of such unpublished price sensitive information in compliance with these regulations.
Calculate Net operating Profit Ratio:
The Reserve Bank of India removed restrictions on individuals from opening interest-earning Foreign Currency Accounts (FCA) in order to make India’s I...
In which year National Institute of Bank Management (NIBM) was established?
The contributions of additional amount of Rs.50,000 towards NPS is allowed deduction under which section of the Income Tax Act?Â
Which section of the BRSR reporting framework focuses on information about the listed entity, including subsidiary companies?
Which of the following is NOT a role of project sponsors in project finance?
The FSIB is responsible for r ecommending to the government the person for appointment to the Board of financial institutions . What is the full form of...
Determine the cash flow from investing activities during the year based on the following: Cash flow from operating activities: 180,000 Cash flow from fi...
With reference to the NBFCs, consider the following statements:
1. It is a company registered under the Companies Act, 1956
2. NBFC c...
Planning involves
A) Forecasting
B) Choice among alternative courses of action.
C) Wishful thinking
D) Decision only by production manager