JOIN USSebi cuts time period for filing settlement applications to 60 days
Markets regulator Sebi has cut the timeline for filing settlement applications to just 60 days from the current 180 days in its effort to make the system more efficient.
Currently, a settlement application can be filed within 60 days of the date of receipt of the show-cause notice. However, an additional 120 days can be availed by the applicants in case they pay an additional 25 per cent over the settlement charges.
Now, the regulator has done away with the additional time provision of 120 days, according to a notification.
The move is aimed at rationalising norms on settlement proceedings.
Further, the time period for submission of revised settlement terms form, after the internal committee (IC), has been rationalised to 15 days. This will be from the date of the IC meeting.
The current rule allows 10 days plus additional 20 days.
Also, the regulator has issued guidelines pertaining to the procedure to be adopted for arriving at suitable terms pursuant to the filing of a compounding application.
To encourage the filing of settlement applications during the early stages of the proceedings and to deter forum shopping, Sebi has rationalised the proceeding conversion factor (PCF) values range from 0.40 to 1.50.
Currently, the PCF values range from 0.65 to 1.20 depending upon the stage at which an application for settlement is filed.
All payments under the settlement regulations will be accepted only through a dedicated payment gateway.
To give this effect, the Securities and Exchange Board of India (Sebi) has amended Settlement Proceedings norms. Regulations, according to a notification issued on January 14.
Under the settlement mechanism, an alleged wrongdoer can settle a pending case with the regulator without admission or denial of guilt by paying a settlement fee.
The settlement mechanism is a tool for ensuring speedy and efficient resolution of disputes.
Separately, the capital markets regulator has amended norms governing foreign portfolio investors (FPIs).
In a notification, Sebi has said it can grant exemption to FPIs from strict enforcement of the regulations in other cases.
Sebi may suo motu or on an application made by an FPI, for reasons recorded in writing, grant relaxation from the strict enforcement of any of the provisions of these regulations.
This is subject to such conditions as the Sebi deems fit to impose in the interests of investors and the securities market and for the development of the securities market if the regulator is satisfied that the non-compliance is caused due to factors beyond the control of the entity; or the requirement is procedural or technical in nature, it added.
These amendments came after Sebi's board approved proposals in this regard in its meeting last month.
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