SEBI (Procedure for Board Meetings) (Amendment) Regulations
SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI) (PROCEDURE FOR BOARD MEETINGS) (AMENDMENT) REGULATIONS, 2022
No. SEBI/LAD-NRO/GN/2022/110.—In exercise of the powers conferred under section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Procedure for Board Meetings) Regulations, 2001, namely: –
- These regulations may be called the Securities and Exchange Board of India (SEBI) (Procedure for Board Meetings) (Amendment) Regulations, 2022.
- These regulations shall come into force on the date of their publication in the Official Gazette.
- In the Securities and Exchange Board of India (Procedure for Board Meetings) Regulations, 2001,
(1) in regulation 4, the following Proviso shall be inserted –
“Provided that a Member who intends to participate in a meeting through video conferencing or any other audio visual means, shall communicate the same, sufficiently in advance to the Chairperson or the Secretary of the Board and in such case, the procedure as specified in Schedule I to the SEBI (Procedure for Board Meetings) Regulations, 2001 shall be followed”.
(2) in regulation 11, the word “Schedule” shall be substituted with the words and symbols “Schedule-II”;
(3) after regulation 15, following Schedule shall be inserted –
“Schedule – I
[See Regulation 4]
Procedure for allowing Members to participate in Board meetings through video conferencing or other audio visual means
I. A Member may participate in the meeting through video conferencing or other audio-visual means, pursuant to communicating his intention sufficiently in advance to the Chairperson or Secretary to the Board to that effect so that suitable arrangements can be made.
In the absence of any intimation, it shall be assumed that the Member will be attending the meeting in person.
II. On receipt of intimation from the Member, the Board shall make necessary arrangements of video
conferencing or other audio visual means to enable such Member to attend the meeting through video conferencing or other audio visual means.
III. A Member participating in a meeting through video conferencing or other audio visual means shall be counted for the purpose of quorum. A Member attending meeting through video conferencing or any other audio visual means, shall be vested with same rights and obligations as applicable in case of attending meeting in person.
IV. Attendance of the Members participated through video conferencing or other audio visual means shall be recorded in the attendance register as “Participated through video conferencing” and the attendance register shall be deemed to have been signed by such Members.
V. Minutes of the meeting shall disclose the particulars of the Members who attended the meeting through video conferencing or any other audio visual means.
VI. Members participating through video conferencing or any other audio visual means shall participate through the video conferencing link for the meeting provided by the Board and may ensure that due care is taken:
a) To safeguard the integrity of the meeting by ensuring sufficient security and identification procedures to join the meeting;
b) To ensure that no unauthorized person has access to the meeting link during the meeting;
c) To ensure that they are able to hear and see the other participants clearly during the course of the meeting.”
(4) the existing “Schedule” shall be renumbered as “Schedule II”.
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