Home Acts & Rules SEBI Regulation Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 Chapters List Chapter III INVESTIGATION This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Regulation 8 - Duty to co-operate, etc. - Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003Extract Duty to co-operate, etc. 8. (1) It shall be the duty of every person in respect of whom an investigation has been ordered 2 [ under regulation 5 ] - (a) to produce to the Investigating Authority or any person authorized by him such books, accounts and other documents and record in his custody or control and to furnish such statements and information as the Investigating Authority or the person so authorized by him may reasonably require for the purposes of the investigation; (b) to appear before the Investigating Authority personally when required to do so by him under regulation 6 3 [ **** ] to answer any question which is put to him by the Investigating Authority in pursuance of the powers under the said regulations. (2) Without prejudice to the provisions of 1 [ the Companies Act, 2013 (No. 18 of 2013) ] , it shall be the duty of every manager, managing director, officer and other employee of the company and every intermediary referred to in section 12 of the Act or every person associated with the securities market to preserve and to produce to the Investigating Authority or any person authorized by him in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power. (3) Without prejudice to the generality of the provisions of sub-regulations (1) and (2), such person shall- (a) allow the Investigating Authority 4 [ or any person authorized by him in this behalf ] to have access to the premises occupied by such person at all reasonable times for the purpose of investigation; (b) extend to the Investigating Authority 5 [ or any person authorized by him in this behalf ] reasonable facilities for examining any books, accounts and other documents in his custody or control (whether kept manually or in computer or in any other form) reasonably required for the purposes of the investigation; 6 [ (c) provide to such Investigating Authority or any person authorized by him in this behalf any such books, accounts and records which, in the opinion of the Investigating Authority, are relevant to the investigation or, as the case may be, allow the Investigating Authority or any person authorized by him in this behalf to take computer print-outs thereof. ] *************** NOTES:- 1. Substituted vide Notification No. SEBI/LAD-NRO/GN/2018/56 dated 31-12-2018 w.e.f. 01-02-2019 before it was read as, sections 235 to 241 of the Companies Act, 1956 (1 of 1956) 2. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/71 dated 25-01-2022 before it was read as under regulation 7 3. Omitted vide Notification No. SEBI/LAD-NRO/GN/2022/71 dated 25-01-2022 before it was read as or regulation 7 4. Inserted vide Notification No. SEBI/LAD-NRO/GN/2022/71 dated 25-01-2022 5. Inserted vide Notification No. SEBI/LAD-NRO/GN/2022/71 dated 25-01-2022 6. Substituted vide Notification No. SEBI/LAD-NRO/GN/2022/71 dated 25-01-2022 before it was read as, (c) provide to such Investigating Authority any such books, accounts and records which, in the opinion of the Investigating Authority, are relevant to the investigation or, as the case may be, allow him to take out computer out-prints thereof.
|