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As per Reg 3- Communication or procurement of unpublished price sensitive information. (1)No insider shall communicate, provide, or allow access to any unpublished price sensitive information, relating to a company or securities listed or proposed to be listed, to any person including other insiders except where such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 NOTE:This provision is intended to cast an obligation on all insiders who are essentially persons in possession of unpublished price sensitive information to handle such information with care and to deal with the information with them when transacting their business strictly on a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 (2)No person shall procure from or cause the communication by any insider of unpublished price sensitive information, relating to a company or securities listed or proposed to be listed, except in furtherance of legitimate purposes, performance of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 NOTE:This provision is intended to impose a prohibition on unlawfully procuring possession of unpublished price sensitive information. Inducement and procurement of unpublished price sensitive information not in furtherance of one’s legitimate duties and discharge of obligations would be illegal under this provision.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under regulation 8.Explanation –For the purpose of illustration, the term “legitimate purpose” shall include sharing of unpublished price sensitive information in the ordinary course of business by an insider with partners, collaborators, lenders, customers, suppliers, merchant bankers,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 [(2B) Any person in receipt of unpublished price sensitive information pursuant to a “legitimate purpose” shall be considered an “insider” for purposes of these regulations and due notice shall be given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.
Which strategic response approach to the environment, does the following statement relates to?
They seek to monitor the changes in that environme...
If a government grant is received but later becomes refundable, how should it be accounted?Â
Read the following information to answer the below questions:
Which of the following assessee is not liable to pay advance tax u/s 207?
The MoA of the company specifies the maximum capital that can be raised by a company. This is referred to as the __________
What banking transaction involves the exchange of one currency for another at the prevailing exchange rate?
Which of the following is not a member ministry in the National Board for MSMEs?
A person shall be eligible for appointment as an auditor of a company only if he is a _______________
In insurance accounting, what does the "claims reserve" represent?
When a bank chooses the wrong strategy or follow a long-term business strategy which might lead to its failure, it is called