Question
What is the purpose of identifying employees as
Designated Persons under the internal control system, as per Reg 5H of SEBI (Prohibition of Insider Trading) Regulations, 2015?ÂSolution
As per Reg 5H- (1) The Chief Executive Officer / Managing Director of an asset management company with the approval of the trustee or such other analogous person of an intermediary or fiduciary,shall put in place adequate and effective system of internal controls to ensure compliance with the requirements given in these regulations to prevent insider trading. These internal controls shall include the following:(a).All employees who have access to unpublished price sensitive information are identified as DesignatedPersons;(b).All the unpublished price sensitive information shall be identified and its confidentiality shall be maintained as per the requirements of these regulations;(c).Adequate restrictions shall be placed on communication or procurement of unpublished price sensitive information as required by these regulations;(d).Lists of all employees and other persons with whom unpublished price sensitive information is shared shall be maintained and confidentiality agreements shall be signed or notice shall be served to all such employees and persons;(e).Periodic process review to evaluate effectiveness of such internal controls;(f).Compliance of all other relevant requirements specified under these regulations.
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