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Core Purpose

Regulations issued by SEBI amending eighteen sets of existing SEBI regulations to standardise the investor grievance redressal timeline at twenty-one calendar days and insert grievance redressal mechanism provisions.

Detailed Summary

Notification No. SEBI/LAD-NRO/GN/2023/146, the Securities and Exchange Board of India (Facilitation of Grievance Redressal Mechanism) (Amendment) Regulations, 2023, issued by SEBI on 16 August 2023 under Section 31 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), Section 11, sub-section (2) of Section 11A and Section 30 of the SEBI Act, 1992 (15 of 1992), and Section 25 of the Depositories Act, 1996 (22 of 1996), effective from the date of publication in the Official Gazette. The amendment replaces the existing 'one month'/'thirty days' investor grievance redressal timelines with 'twenty-one calendar days' and inserts new Grievance Redressal Mechanism clauses across eighteen SEBI regulations governing Stock Brokers (1992), Merchant Bankers (1992), Registrars to an Issue and Share Transfer Agents (1993), Debenture Trustees (1993), Bankers to an Issue (1994), Mutual Funds (1996), Collective Investment Schemes (1999), Issue and Listing of Securitised Debt Instruments and Security Receipts (2008), KYC Registration Agency (2011), Alternative Investment Funds (2012), Investment Advisers (2013), Research Analysts (2014), Real Estate Investment Trusts (2014), Infrastructure Investment Trusts (2014), Listing Obligations and Disclosure Requirements (2015), Issue and Listing of Municipal Debt Securities (2015), Depositories and Participants (2018), Portfolio Managers (2020), and Vault Managers (2021), and permits SEBI to recognize a body corporate to handle and monitor grievance redressal.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 581] NEW DELHI, THURS DAY, AUGUST 1 7, 2023/ SHRAVANA 26, 194 5 CG-MH-E-18082023-248175 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 16th A ugust , 2023 SECURITIES AND EXCHANGE BOARD OF INDIA (FACILITATION OF GRIEVANCE RED RESSAL MECHANISM) (AMENDMENT) REGULATIONS, 2023 No. SEBI/LAD -NRO/GN/2023/146 .—In exercise of the powers conferred by section 31 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), section 11, sub -section (2) of section 11A and section 30 of th e Securities and Exchange Board of India Act, 1992 (15 of 1992) and section 25 of the Depositories Act, 1996 (22 of 1996), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992, the Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992, the Securities and Exchange Board of India (Registrars to an Issue and Share Transfer Agents) Regulat ions, 1993, the Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993, the Securities and Exchange Board of India (Bankers to an Issue) Regulations, 1994, the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999, the Securities and Exchange Board of India (Issue and Listing of Securitised Debt Instruments and Security Receipts) Regulations, 2008, the Securities and Exchang e Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011, the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 , the Securities and Exchange Board of India (Research Analysts) Regulations, 2014, the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014, the Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014, the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015, the Securities and Exchange Board of India (Issue and Listing of Municipal Debt Securities) Regulations, 2015, the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, the Securities and Exchange Board of India (Portfolio Managers) Regulations, 2020 and the Securities and Exchange Board of India (Vault Managers) Regulations, 2021, namely: – 1. These regulations may be called the Securities and Exchange Board of India (Facilitation of Grievance Redressal Mechanism) (Amendment) Regulations, 2023 . 2. They shall come into force on the date of their publication in the Official Gazette . 3. In the Securities and Exchange Board of India (Stock Brokers) Regulations, 1992, in regulation 9, in clause (e), for the words “one month”, the words “twenty -one calendar days” shall be substituted; 4. In the Securities and Exchange Board of India ( Merchant Bankers) Regulatio ns, 1992 , (1) in regulation 9A, in sub -regulation (1), in clause (c), for the words “one month”, the words “twenty - one calendar days” shall be substituted; (2) after regulation 28B, the following regulation shall be inserted, namely, — “Grievance Redressal Mechan ism. 28C. (1) The Merchant Banker shall redress investor grievances promptly but not later than twenty - one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 5. In the Securities and Exchange Board of India ( Registrars to an Issue and Share Transfer Agents) Regulations, 1993 , (1) in regu lation 9A, in sub -regulation (1), in clause (e), for the words “one month”, the words “twenty - one calendar days” shall be substituted (2) after regulation 15B, the following regulation shall be inserted, namely, — “Grievance Redressal Mechanism. 15C. (1) The registrar to an issue and share transfer agent shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also reco gnize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ”; 6. In the Securities and Exchange Board of India ( Debenture Trustees) Regulations, 1993 , (1) in regulation 9A, in sub -regulation (1), in clause (c), for the words “one month”, the words “twenty - one calendar days” shall be substituted; (2) after regulation 14A, the following regulation shall be inserted, namely, — “Grievance Redressal Mechanism. 14B. (1) The debenture trustee shall redress investor grievances promptly but not later than twenty - one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monit oring the process of grievance redressal within such time and in such manner as may be specified. ” 7. In the Securities and Exchange Board of India (Bankers to an Issue) Regulations, 1994, (1) in regulation 8A, in sub -regulation (1), in clause (d), for the words “one month”, the words “twenty - one calendar days” shall be substituted; (2) after regulation 16A, the following regulation shall be inserted, namely, — “Grievance Redressal Mechanism. 16B. (1) The banker to an issue shall redress investor grievances promptly b ut not later than twenty - one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal with in such time and in such manner as may be specified. ”. 8. In the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, after regulation 60, the following shall be inserted, namely, — “Grievance Redressal Mechanism. 60A. (1) The asset manage ment company shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handli ng and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 9. In the Securities and Exchange Board of India (Collective Investment Schemes) Regulations 1999, (1) in regulation 11, in clause (f), for the words “ one month”, the words “twenty -one calendar days” shall be substituted; (2) after regulation 14A, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 14B. (1) The Collective Investment Management Company shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance red ressal within such time and in such manner as may be specified. ”; 10. In the Securities and Exchange Board of India (Issue and Listing of Securitised Debt Instruments and Security Receipts) Regulations, 2008, (1) in regulation 7, in clause (c), for the words “one month”, the words “twenty -one calendar days” shall be substituted. (2) in regulation 11, in sub -regulation (3), after clause (q), the following shall be inserted, namely, - “(r) redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. ”; (3) after regulation 11, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 11A. The Board may recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 11. In the Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011 , after regulation 16B, the following regul ation shall be inserted, namely, — “Grievance Redressal Mechanism. 16C. (1) The KRA shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by t he Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified.”; 12. In the Securities and Exchange Board of India (Alternative Investment Fun ds) Regulations, 2012, after regulation 24, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 24A. (1) The Manager shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of t he grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified.” 13. In the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, in regulation 21, sub-regulation (1) shall be substituted with the following, namely, - “(1) The Investment Adviser shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board.” 14. In the Securities and Exchange Board of India ( Research Analysts) Regulations, 2014 , after regulation 26A, the following shall be inserted, nam ely, — “Redressal of investor grievances 26B. (1) The Research Analyst shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 15. In the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulatio ns, 2014, after regulation 26E, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 26F. (1) The Manager shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 16. In the Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014, after regulation 26K, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 26L. (1) The Manager shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 17. In the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015, in regulation 13, (1) sub-regulation (1) shall be substituted with the following, namely, - “(1) The listed entity shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. ”. (2) after sub -regulation (4), the following sub -regulation shall be inserte d, namely, - “(5) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 18. In Securities and Exchange Board of India (Issue and Listing of Munici pal Debt Securities) Regulations, 2015, after regulation 27B, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 27C. (1) The issuer shall redress investor grievances promptly but not later than twenty -one calendar days from the da te of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” 19. In the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, (1) in regulation 7, in clause (g), for the words “thirty days”, the words “twenty -one calendar days” shall be substituted; (2) in regulation 36, in sub -regulation (2 ), in clause (f), for the words “thirty days”, the words “twenty - one calendar days” shall be substituted; (3) regulation 72 shall be substituted with the following, namely – “Redressal of investor grievances 72. (1) The issuer or its agent or any person who i s registered as an intermediary under these regulations shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified.” 20. In the Securities and Exchange Board of India (Portfolio Managers) Regulations, 2020, (1) in regulation 1 1, in clause (d), for the words “one month”, the words “twenty -one calendar days” shall be substituted; (2) after regulation 34, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 34A. (1) The Portfolio Manager shall redress investor gr ievances promptly but not later than twenty - one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of griev ance redressal within such time and in such manner as may be specified. ” 21. In the Securities and Exchange Board of India (Vault Managers) Regulations, 2021, after regulation 16A, the following shall be inserted, namely, - “Grievance Redressal Mechanism. 16B. (1) The Vault Manager shall redress investor grievances promptly but not later than twenty -one calendar days from the date of receipt of the grievance and in such manner as may be specified by the Board. (2) The Board may also recognize a body corporate for handling and monitoring the process of grievance redressal within such time and in such manner as may be specified. ” BABITHA RAYUDU , Executive Director [ADVT. -III/4/Exty./363/2023 -24] Uploaded by Dte . of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054 .

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