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TMI BlogStandard Operating Procedures (SOP) for dispute resolution under the Stock Exchange arbitration mechanism for disputes between a Listed Company and/or Registrars to an Issue and Share Transfer Agents (RTAs) and its Shareholder(s)/Investor(s)X X X X Extracts X X X X X X X X Extracts X X X X ..... Company and/or Registrars to an Issue and Share Transfer Agents (RTAs) and its Shareholder(s)/Investor(s) 1. Regulation 40 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 , and bye-laws, listing agreement regulations of the stock exchanges provide for dispute resolution under the stock exchange arbitration mechanism for disputes between a listed company and its shareholder(s)/ investor(s). 2. SEBI vide circular dated April 08, 2022 advised Exchanges to put in place a Standard Operating Procedure (SOP) for operationalizing the resolution of all disputes pertaining to or emanating from investor services such as transfer/transmission of shares, demat/remat, issue of duplicate shares, transposition of ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitation Act, 1963. 3.3.2. In case of arbitration matters involving a claim of up to Rs. 25 lakhs, a sole arbitrator shall be appointed and, if the value of the claim is more than Rs. 25 lakhs, a panel of three arbitrators shall be appointed. 3.3.3. The process of appointment of arbitrator(s) shall be completed by the stock exchange within 30 days from the date of receipt of complete application from the applicant. 3.3.4. Disputes pertaining to or emanating from investor service requests such as transfer/transmission of shares, demat/remat, issue of duplicate shares, transposition of holders, investor entitlements like corporate benefits, dividend, bonus shares, rights entitlements, credit of securities in public issue, interest /c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against whom the award has been passed would be utilized towards payment of the arbitrator fees. 3.5.4. For appellate arbitration, fees of Rs. 54,000/- plus stamp duty, service charge etc. as applicable shall be paid by the appellant only. The Appellate fees shall be non-refundable. 3.5.5. In case, an appellant filing an appeal is a shareholder/an investor having a claim of more than Rs. 10 lakhs, the appellant shall pay a fee not exceeding Rs. 30,000/- plus stamp duty, service charge etc. as applicable and in case of a claim upto Rs. 10 lakhs, the appellant shall pay a fee not exceeding Rs. 10,000/- plus stamp duty, service charge etc. as applicable. Further expenses thus arising shall be borne by the Stock Exchanges and the Investor Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.7.4. The arbitrator(s) may conduct one or more hearings, with a view to complete the case within the prescribed timelines. 3.8. Passing of Award 3.8.1. Arbitral Award 3.8.1.1. The arbitration proceedings shall be concluded by way of issue of an arbitral award within four months from the date of appointment of arbitrator(s). 3.8.1.2. The stock exchanges may extend the time for issue of arbitral award by not more than two months on a case to case basis after recording the reasons for the same. 3.8.2. Appeal against Arbitral Award 3.8.3.1. The appeal against an arbitral award shall be disposed of by way of issue of an appellate arbitral award within three months from the date of appointment of appellate panel. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make necessary amendments to the relevant bye-laws, rules and regulations, operational instructions, as the case may be, for the implementation of the above Circular; and 4.2. bring the provisions of this Circular to the notice of their constituents/shareholder(s)/investor(s) and also disseminate the same on their websites. 5. The provisions of this Circular shall come into force with effect from June 01, 2022. 6. This Circular is being issued to protect the interests of investors in securities and to promote the development of, and to regulate the securities market read in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992 . 7. The circular is issued with the approval o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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